銷售條款和條件

1.詮釋

1.1 在本條件中:

“「買家 」是指在平台上購買商品的人;;

“「條款」指本銷售條款與細則;;

“「合同 」指卖方接受买方在平台上下达的购买卖方所售货物的订单时成立的合同;;

“「貨品」,亦稱為 「產品」,是指平台上可供銷售的貨品,包括貨品的任何分期付款或貨品的任何部件;;

“YUCHEN” means YUCHEN TRADING LIMITED, a company incorporated in United Kingdom and having its registered address at UNIT 82A JAMES CARTER ROAD MILDENHALL BURY ST. EDMUNDS ENGLAND IP28 7DE;

“YUCHEN Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“「平台」指 https://www.stellaraly.com/ 網站;;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third-Party Vendor. YUCHEN may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by YUCHEN at the Platform;

“Third-Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes YUCHEN; and “Writing” includes electronic mail and any comparable means of communication.

1.2 本條款對法規任何規定的任何提述,應解釋為對在相關時間修訂、重新制定或擴展的該規定的提述。.

1.3 Any references to “YUCHEN” in these Conditions refer to both YUCHEN’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third-Party Vendors as Sellers in respect of each and every Contract.

1.4 本條款中的標題僅為方便起見,不應影響任何條款和條件的解釋。.

2.合約基礎

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for particular Goods listed for sale on the Platform, be it YUCHEN or a Third-Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by YUCHEN and YUCHEN has accepted the same, this shall constitute a Contract entered into directly between the Buyer and YUCHEN. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third-Party Vendor and the said Third-Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third-Party Vendor. Where the Contract is entered into directly between the Buyer and a Third-Party Vendor, YUCHEN is not a party to the Contract or any other Contract between the Buyer and Third-Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 平台上提供的與貨物供應相關的任何資訊,包括照片、圖紙、有關交付範圍、外觀、性能、尺寸、重量、作業材料消耗、作業成本的數據或第三方賣家通過聊天系統披露的任何資訊,均不具約束力,僅供參考。在簽訂合同時,買方承認他/她/它不依賴並放棄基於所提供的任何此類陳述或資訊的任何索賠。.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither YUCHEN nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued or published by YUCHEN on the Platform shall be subject to correction without any liability on the part of YUCHEN.

3.訂單與規格

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to the Sellers’ acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. YUCHEN shall be entitled (but not obliged) to process such order without further consent from the Buyer. Nevertheless, the Buyer may request to cancel or amend the order which YUCHEN shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and the Contract between the Buyer and Seller will only be concluded upon YUCHEN issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, YUCHEN shall be entitled to refuse or cancel any order without giving any reasons to the Buyer prior to issuing confirmation of dispatch. YUCHEN shall furthermore be entitled to require the Buyer to furnish YUCHEN with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from YUCHEN and on terms that the Buyer shall indemnify YUCHEN in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by YUCHEN as a result of the modification or cancellation, as the case may be.

4.價格

4.1 货物的价格应为买方在平台上下单并填写订单时平台上标明的价格。該價格包括任何適用的銷售稅或服務稅、增值稅或買家應支付的類似稅項,但不包括運費。.

4.2 In the event that goods have been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which case the Buyer will be notified of such cancellation by way of email or through YUCHEN mobile application. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to the Buyer.

5.付款條款

5.1 The Buyer shall be entitled to make payment for the Goods using various payment methods made available on the Platform. When the Buyer places an order on the Platform, actual payment shall be only charged upon the Seller’s acceptance of the Buyer’s order and the formation of a Contract. All payments shall be made to YUCHEN, either accepting payment in its own right or as the Seller’s agent (where the Seller is a Third-Party Vendor). The Buyer acknowledges that YUCHEN is entitled to collect payments from the Buyer on behalf of Third-Party Vendors.

5.2 The terms and conditions applicable to each type of payment method, as prescribed by YUCHEN on the Platform, shall be applicable to the Contract. The payment method may also be subject to the following terms:

5.2.1 信用卡

Credit card payment option is available for all buyers. YUCHEN accepts all Visa and MasterCard credit cards that are 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the buyers shall be protected by industry leading encryption standards.

請注意,如果買家使用非英國銀行發行的信用卡,由於外匯匯率的原因,可能會產生額外的費用。.

5.2.2 借記卡

YUCHEN accepts all Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 線上銀行

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price (including any applicable taxes, fees and shipping costs) for the Goods purchased by the Buyer to a YUCHEN account. The transaction must be payable in British pounds. YUCHEN, in its sole discretion, may refuse to offer this payment method to any Buyer without notice for any reason.

5.2.4 電子錢包

YUCHEN accepts Touch’n Go eWallet, Alipay, Wechat Pay and Alipay HK payment method.

5.3 The Buyer may not claim against the Seller or any of its agents (which may include YUCHEN), for any failure, disruption or error in connection with the Buyer’s chosen payment method. YUCHEN reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 如果買方未能根據所選擇的付款方式的條款和條件支付任何款項,或付款因任何原因被取消,則在不影響賣方可獲得的任何其他權利或補償的情況下,賣方有權:

5.4.1 取消合同或暫停交付貨物,直至全額付款;和/或、,

5.4.2 按月利率 1% (1.0%)向買方收取未付金額的利息,直至買方全額付款(計算利息時,部分月份視為全月)。.

5.5 All payments for the purchased Goods must be made to YUCHEN using the payment methods made available on the Platform only. YUCHEN shall not be held responsible for any losses which may arise from payments made directly to Third-Party Vendors or through payment methods apart from the available payment methods on the Platform.

5.6 All refunds shall be made via the original payment mechanism and to the person who made the payment, except for Cash on Delivery and Payment on Delivery, where refunds will be made to the Buyer’s YUCHEN Wallet.

5.7 YUCHEN offers no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by YUCHEN. All refunds are conditional upon YUCHEN’s acceptance of a valid return of the Goods. YUCHEN reserves the right to modify the mechanism of processing refunds at any time without notice.

6.交貨/績效

6.1 貨物應交付至買方在其訂單中指定的地址。買方無權選擇或要求特定的交付時間。.

6.2 如果買方指示將貨物交付至收貨點(“收貨點“收集點”),买方将在货物交付到收货点时收到通知。買方應在 3 個工作天 自交付之日起算。如果貨物被交付至收貨點(「收貨點」),買方將在貨物交付至收貨點時收到通知。買方應在貨物交付至收貨點之日起3個工作日內從收貨點提取貨物,否則,合同將被終止,貨物將被退回給賣方,並向買方退款。一旦承運人或收貨點記錄貨物已交付,即視為交付完成。損失或損壞的風險自此轉移至買方。如果買方未能在收貨點的保管期限內提取貨物,其風險和費用均由買方自行承擔。.

6.3 Siruolan有权在任何时候将其销售和/或交付货物的全部或任何义务分包给任何第三方,而无需事先通知买方。.

6.4 貨物交付的任何報價日期均為 僅為近似值 並可能發生延遲。. 交貨時間並非關鍵. .Siruolan 不對任何原因導致的交貨或履約延遲負責。.

6.5 如果卖方未能按照合同规定或在合理的时间内交付货物,买方可以书面通知西优兰,要求在另一指定期限内履约,该期限应为 不少於 14 天. .如果 Siruolan 未能在該期間內履約,則買方有權終止合同,並要求退還未交付貨物的已付款項。.

6.6 如果在买方根据上述第6.5条获得退款后,货物已经交付给买方,则买方应立即通知Siruolan。. 貨物的所有權不應轉移給買方; 買方應以西若蘭的受託代理人和受寄人身份持有貨物,將貨物與買方自己的貨物分開保管,並在西若蘭提出要求時將貨物交付給西若蘭。如果買方不遵守本條款,Siruolan 保留採取法律行動收回貨物的權利,以及索賠損失和所有相關費用(包括律師費)的權利。.

6.7 如果買方未能接收貨物(非因買方合理控制範圍以外的任何原因或賣方的過失),則在不影響西若蘭可獲得的任何其他權利或補償的情況下,西若蘭可
6.7.1 以現有可獲得的最佳價格出售貨物,並在扣除所有合理的存儲和銷售費用後,將超出合同價格的部分(前提是已全額結清付款)計算給買家,或向買家收取低於合同價格的任何差額;或
6.7.2 終止合約並索賠損失。.

6.8 追蹤和交付證明。. 出貨時,Siruolan 或「賣方」應向「買方」提供追蹤號碼(如有)。 並可依據承運人的追蹤記錄、交付掃描、簽名記錄或同等確認,作為 交付的確證 寄往買家指定的地址或收貨點。提供追蹤號碼(如有)僅供買方參考。根據承運商的處理和系統更新,買方可能在收到或能夠訪問追蹤號之前收到貨物。此類時間不影響交付的有效性、風險轉移或 Siruolan 對承運人交付確認書作為交付確證的依賴”。”

6.9 風險和標題。. 遺失或損壞的風險 貨物的所有權應轉移給買方 一經交付承運人 或(如適用)放置在收集點時)。. 標題 貨物應 不是 轉移給買方,直至西若蘭收到 全額結清付款 根據本合約應付的所有款項。.

6.10 部分交付。. 西若蘭可在以下地點交付貨物 分期付款, 每批貨物均構成一份獨立的合同。任何批次的延遲交付或未交付,均不賦予買方取消任何其他批次的權利。.

6.11 交貨限制與合規性。. Siruolan 保留以下權利 拒絕、暫停或取消 運送至任何限制或禁止運送的目的地。 法律、海關法規、制裁或物流限制, 或買方未提供準確的交付資訊。買家應負責 所有進口關稅 除非另有明確聲明。.

6.12 不可抗力。. 對於因超出其合理控制範圍的事件(包括但不限於以下情況)而導致的任何延遲或無法交付或履行,Siruolan 概不負責 天災、自然災害、流行病或大流行病、戰爭、恐怖主義、勞資糾紛、政府行為、港口關閉、承運商或網路中斷, 或任何其他不可抗力事件。在此情況下,交貨時限應為  在與事件持續時間相等的期間內,Siruolan 可取消受影響的訂單,且不承擔任何責任。.

6.13 檢查和問題通知。. 買家應 洞鉴 在收到貨物後。任何 可見的損壞、短缺或交貨錯誤 必須通知西若蘭 48 小時內 貨物送達時(或從收貨點提貨時),連同合理的支持證據(如照片、包裝標籤)。未及時提供通知可能會損害買家的索賠以及 Siruolan 協助承運人索賠的能力。.

7. 退貨與退款政策

8.貨物的風險和財產

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery; or if the Buyer fails to take delivery of the Goods, at the time when YUCHEN has tendered delivery of the Goods.

8.2 notwithstanding delivery and passing of the risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until YUCHEN has received in cash or payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as YUCHEN’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.4 The Buyer agrees with YUCHEN that the Buyer shall immediately notify YUCHEN of any matter from time to time affecting YUCHEN’s title to the Goods and the Buyer shall provide YUCHEN with any information relating to the Goods as YUCHEN may require from time to time.

8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), YUCHEN shall be entitled at any time to demand the Buyer to deliver up the Goods to YUCHEN and in the event of non-compliance, YUCHEN reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs, including but not limited to legal fees against the Buyer.

8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of YUCHEN but if the Buyer does so all moneys owing by the Buyer to YUCHEN shall (without prejudice to any other right or remedy of YUCHEN) forthwith become due and payable.

8.7 如果根據貨物所在國家/地區的法律,本條款第 8 條中的規定不具效力,則該國家/地區在性質上與所有權保留最接近的法律概念應被視為經必要變通後適用,以實現本條款所表達的基本意圖,且買方應採取一切必要步驟使其生效。.

8.8 The Buyer shall indemnify YUCHEN against all losses, damages, costs, expenses and legal fees incurred by YUCHEN in connection with the assertion and enforcement of YUCHEN’s rights under this clause.

9.終止

9.1 The Buyer may terminate the Contract before the Seller dispatches the Goods, by written notice to YUCHEN through our Contact Us page at https://www.stellaraly.com/contact/ If the Goods have already been dispatched, the Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, the Seller or YUCHEN acting on theThird-Party Vendor’s behalf, may stop any Goods in transit, suspend further delivery to the Buyer and/or terminate the Contract with immediate effect by notice to the Buyer on or at any time after the occurrence of any of the followingevents:

9.2.1 合約中的貨物因任何原因無法提供;和/或

9.2.2 本合同项下的货物在平台上被错误定价。.

10.保證和補償

10.1 除本條件明確規定外,所有其他保證條件或條款,包括成文法或普通法隱含的保證條件或條款,均在法律允許的最大範圍內排除在外。.

10.2 Subject to this Clause 10 of these Conditions, YUCHEN warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act 1957 and the Consumer Protection Act 1999), YUCHEN further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 YUCHEN’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to YUCHEN.

10.3.2 對貨物的任何描述僅供識別,使用此類描述不構成按描述銷售。.

10.3.3 YUCHEN binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of YUCHEN’s opinion on that behalf. YUCHEN is not liable for any such special or particular description which may have been provided by Third-Party Vendors through the chat system. YUCHEN does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 YUCHEN shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of YUCHEN, addition and insertion of parts, in particular of spare parts which do not come from YUCHEN.

10.3.5 YUCHEN shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow YUCHEN’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without YUCHEN’s approval.

10.3.6 YUCHEN is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without YUCHEN’s prior written approval and the Buyer shall indemnify YUCHEN against each loss, liability and cost arising out of such claims.

10.3.7 YUCHEN shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 YUCHEN shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the warranty period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond withspecification, the Buyer may apply to return the defective and/or damaged Goods to YUCHEN or the Seller in exchange for a replacement or a refund in accordance with YUCHEN’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. YUCHEN and the Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon YUCHEN’s or the Seller’sacceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once YUCHEN or the Seller has acceptedsuch request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, YUCHEN may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When YUCHEN or the Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods (or parts thereof) shall become property of YUCHEN or the Seller.

11.責任

11.1 In no event shall YUCHEN be liable for loss of profit or goodwill, loss of production or revenue or any type of specialindirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if YUCHEN had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and YUCHEN’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.

11.3 儘管本「條款」中有任何其他規定,賣方對買方或任何其他方就每份合同下的貨物銷售所造成、引起或與之相關的所有損失所承擔的最大累計責任,不得超過買方在該合同下支付給賣方的金額。.

11.4 如果多個事件在很大程度上導致相同的損失,則應視為在這些條件下只導致一個索賠。.

11.5 No action shall be brought against YUCHEN later than 12 months after the date a Buyer became aware of the circumstances giving rise to a claim or the date when he/ she / it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12.一般

12.1 Neither YUCHEN nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond YUCHEN’s or the Seller’s reasonable control.

12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to YUCHEN, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order, email address provided by the Buyer or through the YUCHEN mobile application.

12.3 除非上下文另有規定,國際商會出版的《國際商業條款》中所定義或賦予特定涵義的任何術語或表述,在本條款中應具有相同涵義,但如果《國際商業條款》的規定與本條款有任何衝突,應以後者為準。.

12.4 No waiver by YUCHEN of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, YUCHEN’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect YUCHEN’s right later to enforce these Conditions.

12.5 若任何主管機關裁定本條款之任何規定全部或部分不合法、無效或不可強制執行,本條款其他規定及有關規定之其餘部分之有效性不受影響。.

12.6 非合約一方(包括任何一方的任何雇員、高級職員、代理、代表或分包商)無權強制執行合約中未經雙方事先書面明確同意而明示或暗示賦予該人利益的任何條款,該同意必須參照本條件第 3.3 條。.

12.7 本合約受英國法律管轄。. 

12.8 (Where a Contract is concluded between the Buyer and a Third-Party Vendor) The Buyer must exhaust all legal avenues against Third-Party Vendor, should any dispute, controversy or claim arise out of or relate to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against YUCHEN. Any such actions brought againstYUCHEN for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC) for the time being in force. The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Director of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by thearbitration tribunal shall be final and binding upon the parties.

12.9 notwithstanding Clause 12.8 above, YUCHEN shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.10 YUCHEN may, through the Platform or by such other method of notification as YUCHEN may designate, vary these conditions, such variation shall take effect on the date YUCHEN specifies through the above means. If the Buyer continues to use the Platform after such a date, the Buyer is deemed to have accepted such variation. If the Buyer does not accept the variation, the Buyer must stop access to or using the Platform and terminate these Terms and Conditions of Sale.

12.11 賣方在任何承認、發票或其他文件中的任何排印、文書或其他錯誤或遺漏應予糾正,賣方不承擔任何責任。.

12.12 如果本條款以英文以外的任何語言(「外文版本」)執行或翻譯,則以英文版本為準,並優先於外文版本。.

12.13 本條款應構成「買方」與「賣方」之間與本條款主題相關的完整協議,並取代和完全取代先前與本條款主題相關的所有諒解、通訊和協議。.

12.14 YUCHEN reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as YUCHEN deems appropriate. 

13.預售計劃

13.1 This Clause 13 relates to the Pre-Sale Program offered by YUCHEN. In addition to this Clause 13 and these Conditions, any existing rules and terms of the brands offering products under the Pre-Sale Program may apply. In the case of any inconsistency or conflict among this Clause 13, these Conditions, the rules of any brand and/or the Terms of Use, the provisions of this Clause 13 shall prevail over others, followed by the Conditions, the Terms of Use and thereafter the rules of any brand, to the extent of such inconsistency or conflict.

13.2 The Pre-Sale Program shall be made available for the certain Buyers (who are determined by YUCHEN at its sole discretion) for a period of time as determined by YUCHEN (such period, the “Pre-Sale Period”). 

13.3 YUCHEN offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. YUCHEN shall not be liable, in any case whatsoever, for these instances. 

13.4 During the Pre-Sale Period, certain Goods are offered for pre-sale on the Platform. The Buyers may place a pre-sale order for any such Goods through payment of a portion of the pre-sale purchase price (“Pre-Payment”). The Goods offered for pre-sale, the pricing of and the required Pre-Payment amounts for such Goods shall be determined by the Third Party Vendors (if such Goods are sold by the Third Party Vendors) or YUCHEN (if such Goods are sold by YUCHEN), as the case may be.

13.5 在支付預付款之前,應告知買家在預售期內應為該貨物支付的預付款額、為完成該貨物訂單應支付的餘額(「最終付款」)以及支付最終付款的時間(「最終付款期」)。最終付款期應從預售期的最後日期之後開始。.

13.6 如果買方未在最後付款期限內為該等貨物支付最後付款並完成訂單,則預付款不予退還,並將被沒收。.

13.7 An order shall only be confirmed and processed for delivery by YUCHEN in respect of the Goods available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and the Final Payment Period respectively. Where the Buyer has made a Pre-Payment for any Goods during the Pre-Payment Period but fails to make the Final Payment for such Goods during the Final Payment Period, the order for such Goods shall not be confirmed and YUCHEN shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.

13.8 A Buyer shall be entitled to make payment for any Goods offered under the Pre-Sale Program using any of the payment methods prescribed by YUCHEN from time to time, save that:

13.8.1 對於通過預售計劃購買的貨品,不得提供貨到付款或貨到付款作為付款方式;且

13.8.2 买方应被要求对每笔预付款和尾款使用相同的付款方式。.

13.9 YUCHEN reserves the right to cancel and/or refund any Pre-Payment made by a Buyer or any orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such Buyer has breached these Conditions, Terms of Use or for any other reason.

13.10 任何優惠券或優惠券代碼均不得用於購買根據預售計劃提供的任何貨品。.

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