Regulations Governing Conduct
We, you, and similar phrases are used throughout these standard terms and conditions to refer to landTopMall.com as a customer or potential customer. Unless both parties agree otherwise in a written document signed by both parties, these rules apply to any products or services we provide to you.
- Our quotations are not binding; rather, they are intended to entice you to place an order with us. We give quotations based on the information you supply. If you provide inaccurate information, you risk acquiring items that meet our criteria but do not meet your requirements.
- These terms and conditions apply if you make a purchase offer in response to one of our quotations.
Not obligated to accept orders
- We are not compelled to accept any orders placed via our website. Even if we do not notify you of our acceptance, your order becomes binding the minute we do.
Order conditions overrule any order form
- These terms and conditions apply and take precedence over any other terms or conditions stated or inferred in any order form or similar document, regardless of its date of issue.
- Orders that are neither refundable nor cancellable. If you cancel or return a purchase, you will be responsible for our restocking fee, which varies from time to time, as well as the cost of return shipping and insurance.
- No cancellation requests will be accepted unless the items are returned to us with the original invoice number. Accepting returned products does not imply that we will agree to the desired cancellation, even if we agree to inspect them first to confirm they are in excellent functioning order and condition and that reselling them is financially feasible for us.
- Special order cannot be returned.
- We are not able to cancel or refund orders for used components.
- If the returned items are complete and, in our judgment, economically and safely refurbished, we will reimburse any core deposits paid to us.
Threat and propriety
- We maintain ownership of the things you’ve bought and all related costs until we receive full payment for those items.
- Until you become the owner of goods:
(a) You hold them as agent and bailed for us and you owe a fiduciary duty to us in respect of them;
(b) You must if required by us store them on your premises separately from your own goods or goods of any other person and in a manner which makes them readily identifiable as our goods;
(c) We may terminate your right to resell them forthwith on written notice of termination being delivered to your place of business;
(d) We may retake possession, if (i) you default in paying any part of the price or associated charges for them; or (ii) you become or resolve to become subject to any form of insolvency administration.
- We reserve the right to visit any site where our items are stored or where we have reasonable reasons to think they are stored and reclaim them. You agree that our employees and agents operating on your behalf will adhere to all applicable laws.
- Without separate storage for goods, and in the absence of proof to the contrary, any stock you hold that matches the description of stock on an unpaid invoice is presumed to be stock in which we maintain ownership. Under these guidelines, we have the authority to take action against this stock.
- You owe us any money that may be deemed void under any bankruptcy, liquidation, or creditors’ rights protection statute. This is true regardless of the existence of a claim.
- After the items leave our facility, you are responsible for any damage or loss.
Sales are subject to specification
- If you agree that the items we provide are inappropriate for their intended use, you agree not to use them. We give products “as is,” which means that unless we establish further formal arrangements, you decide how to use or re-supply them. We only supply our products if we specifically state in writing that they may be used for a certain purpose and only for that particular purpose. The user is responsible for ascertaining that the things they purchase are compatible with the device intended for usage.
- We retain the right, in our sole discretion, to alter the specifications or performance requirements for any product at any time. Furthermore, we maintain the right to purchase items from a range of sellers. If we have reasonable reasons to believe that the alternative product is substantially equivalent to or an improvement over the previously given product, we may do so without alerting you.
- A product’s guarantee is only effective if it is supplied by the manufacturer or importer of the product, or if it is not accompanied by its own warranty conditions, which are included in these terms.
- Unless the manufacturer’s warranty covers the same or a longer length of time, in which case the manufacturer’s warranty will take precedence over this warranty, we guarantee new components for a duration of twelve months from the date of shipment.
- All of our items are sold “as is,” with just the manufacturer’s warranty included.
- Damage caused by the use of non-original manufacturer’s parts and consumables, as well as installation, repair, and maintenance done by non-authorizedrepresentatives of the manufacturer or other certified specialists, may be excluded from the manufacturer’s warranty.
- Our warranty excludes damage resulting from regular wear and tear.
- We make no promise that used or reconditioned parts or products are free of material or workmanship defects, except to the extent required by local law, in which case we give the minimal minimum warranty authorized.
- Please return the items freight prepaid to our facilities for examination and, if authorized, warranty processing prior to making a claim for warranty reimbursement.
- By mentioning the modified conditions in the invoice, we reserve the right to modify our warranties on the products or services stated in the invoice.
- For your safety, these promises are non-transferable.
Exclusion of implied conditions
- We may be legally obligated to adhere to a variety of conditions and guarantees in order to provide you with products or services. We disclaim all express and implied representations and guarantees to the fullest extent permissible by law.
- Trade Practices Act restrictions, and so on. Numerous portions of the Trade Practices Act and other statutes cannot be repealed or amended;or their scope may only be limited in certain situations. If any of those exclusions or limitations apply, our responsibility is limited to the extent allowed by those exclusions or limitations. The following paragraphs detail the limitations on our responsibility for the products and services we provide. It is possible to replace the product or acquire a substitute, pay for repairs, or cover the cost of product replacement or acquisition. Our obligation for the services we provide is restricted to either (a) re-delivering the services at our expense or (b) paying for them.
- The damage claims were determined to be ineligible for compensation under the other category of damages. Except as expressly indicated, we are not accountable for any damages incurred as a result of a breach of contract, carelessness, or any other cause.In these cases, “damages” include direct and indirect or consequential costs, losses, expenses, lost profits, lost savings and claims by any third party.
- We are not responsible for delays caused by certain factors beyond our reasonable control that make the usual presentation impractical.
- Delivery timeframes are estimated only and we are not liable for any delivery delays incurred as a result of uncontrollable situations.
- A bill sent by us in the ordinary course of business is primary evidence of the amount owed to us by you. Any certificate signed by a director or attorney of the Company certifying any amount or calculation of money owed by you to the Company shall be binding on you, except to the extent that there is a clear error on the face of the certificate.
Changes to these scenarios
- These conditions can only be changed by an authorized officer of ours signing a document declaring the change and the change to the applicable transaction.
- Any agreement containing the above conditions shall be deemed to be an agreement to which Chinese law applies.