服务条款
Terms of Service
Overview
Welcome to Yangqian. References to "we", "us" and "our" throughout this document refer to Yangqian. We operate this store and website, including all associated information, content, features, tools, products and services related to orders, to deliver a curated shopping experience for you (the "Service"). The Service is powered by Shopify.
These Terms of Service, together with all policies referenced herein (collectively the "Terms"), set forth your rights and obligations when using the Service.
Please read these Terms carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.
By accessing, using or interacting with our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or the Privacy Policy, you must not access or use our Service.
Section 1 – Access and Accounts
By agreeing to these Terms, you confirm that you have reached the age of majority in your state or province, and you authorize any minor dependents of yours to use the Service on devices owned, purchased or managed by you.
To use the Service, including browsing our online store or purchasing our products and services, you may be required to provide information such as your email address, billing, payment and shipping details. You represent and warrant that all information you submit to our store is accurate, up-to-date and complete, and that you hold all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities conducted under your account. You may not assign, sell, transfer or grant access to your account to any third party.
Section 2 – Our Products
We make every effort to display our products and services accurately on our online store. However, please note that product colors and appearances may vary due to differences in your device type, settings and configurations.
We do not warrant that the appearance or quality of any purchased products or services will meet your expectations or match the presentations shown on our online store.
All product descriptions are subject to change without prior notice, and we reserve the right of final interpretation. We retain the right to discontinue any products at any time, and to limit the quantity of any products offered to any individual, region or jurisdiction at our sole discretion.
Section 3 – Orders
Submitting an order constitutes an offer to purchase. Yangqian reserves the right to accept or decline your order for any reason at its sole discretion. A contract is only formed once your order is confirmed and accepted by us. Your order will not be deemed accepted until we receive and process your payment. Please review your order carefully before submission. Once an order is accepted, we may not be able to accommodate cancellation requests.
If we decline, modify or cancel your order, we will attempt to contact you via the email address, billing address and/or phone number you provided at checkout.
All purchases are subject to our Refund Policy for returns and exchanges.
You represent and warrant that all purchases made by you are for personal or household use only, and not for commercial resale or export purposes.
Section 4 – Pricing and Billing
All prices, discounts and promotions are subject to change without prior notice. The price applicable to your order is the price in effect at the time of purchase, as stated in your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping fees, handling charges, customs duties or import fees.
Prices listed on our online store may differ from those in physical stores, third-party online shops or other retail outlets. We may run promotional campaigns from time to time, which may affect pricing and are governed by separate terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information when shopping with us. You shall promptly update your account details, including your email address, credit card number and expiry date, to ensure we can process transactions and contact you when necessary.
You represent and warrant that: (1) the credit card information you provide is true, correct and complete; (2) you are duly authorized to use the credit card for the purchase; (3) your credit card issuer will honour all charges incurred by you; and (4) you will pay all applicable fees, including shipping and handling charges as well as any taxes imposed, at the stated prices.
Section 5 – Shipping and Delivery
We assume no liability for shipping or delivery delays. All delivery times are estimated only and not guaranteed. We shall not be responsible for delays caused by carriers, customs clearance or circumstances beyond our reasonable control. Title and risk of loss for products shall pass to you once the goods are handed over to the carrier.
Section 6 – Intellectual Property
The Service, including without limitation all trademarks, brand names, text, visuals, images, graphics, product reviews, videos, audio, as well as the selection and arrangement thereof, is the property of Yangqian, its affiliates or licensors, and protected by U.S. and international patent, copyright and other intellectual property laws.
These Terms grant you the right to use the Service solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works, publicly display, publicly perform, repost, download, store or transmit any content from the Service without our prior written consent. Nothing herein shall be construed as granting you any license or rights to any patents, trademarks, copyrights or other intellectual property belonging to Yangqian, Shopify or any third party, except as expressly stated. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by Yangqian.
The name, logo, product and service names, designs and slogans of Yangqian are trademarks of Yangqian, its affiliates or licensors. You may not use these trademarks without our prior written approval. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Service are trademarks of their respective owners.
Section 7 – Optional Tools
You may be granted access to third-party tools integrated into the Service. We do not monitor, control or intervene in the operation of such third-party tools.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any representations, warranties, conditions or endorsements of any kind. We shall not be liable for any losses or damages arising from or related to your use of optional third-party tools.
Your use of any optional tools available on the website is at your own discretion and risk. You shall ensure that you review and agree to the terms of service issued by the relevant third-party providers.
We may launch new features, including new tools and resources, via the Service in the future. All such new features shall be deemed part of the Service and subject to these Terms.
Section 8 – Third-Party Links
The Service may contain content and hyperlinks to websites operated by third parties, including embedded third-party functionalities. We do not review or verify the content or accuracy of any third-party materials or websites you choose to access. You access such external platforms at your own risk when leaving our Service.
We shall not be liable for any loss or damage arising from your access to third-party websites, or your purchase and use of products, services, resources or content thereon. Please carefully review the policies and terms of third parties before conducting any transactions. All complaints, claims, inquiries or disputes regarding third-party products and services shall be directed solely to the relevant third party.
Section 9 – Relationship with Shopify
[Merchant Note: Do not delete or modify this section, which accurately describes the relationship between Shopify and your store.]
The Service is powered by Shopify. However, all sales and purchases conducted on our store are concluded directly between you and Yangqian. By using the Service, you acknowledge and agree that Shopify shall not be liable for any aspect of transactions between you and Yangqian, including any injury, loss or damage resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and dealings with Yangqian.
Section 10 – Privacy Policy
All personal information collected via the Service is governed by our Privacy Policy. Certain personal information may also be subject to the Shopify Privacy Policy. Your use of the Service signifies that you have read and understood the Privacy Policy.
As the Service is hosted by Shopify, Shopify processes your personal information related to your access and use of the Service to deliver and optimize its services. Information you submit via the Service will be transmitted to Shopify and other third parties located outside your country or region for service provision. Please refer to our Privacy Policy for full details on how we, Shopify and our partners use your personal information.
Section 11 – Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively "Feedback"), you hereby grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use, across all media. We may exercise the rights under this license to operate, provide, evaluate, enhance, improve and promote the Service, as well as perform our obligations and exercise our rights under these Terms.
You further represent and warrant that: (1) you hold all necessary rights to submit the Feedback; (2) you have disclosed any compensation or rewards associated with the Feedback; and (3) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, provide payment for your Feedback, or respond to your Feedback.
We may, but are not required to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which infringes third-party intellectual property rights or violates these Terms.
You agree that your Feedback shall not infringe any third-party rights including copyright, trademark, privacy, publicity or other personal or proprietary rights. Your Feedback must not contain defamatory, illegal, abusive or obscene content, nor any computer viruses or malicious code that may disrupt the operation of the Service or any associated websites. You may not use a false email address, impersonate others, or otherwise mislead us or third parties regarding the source of any Feedback. You bear full responsibility for all Feedback you provide and its accuracy. We assume no liability for any Feedback posted by you or any third party.
Section 12 – Errors, Inaccuracies and Omissions
Information on the Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping fees, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders at any time without prior notice, even after you have submitted your order, if the information is found to be incorrect.
Section 13 – Prohibited Uses
You may access and use the Service only for lawful purposes. You shall not, directly or indirectly, use the Service:
- For any illegal or malicious activities;
- In violation of any international, federal, provincial, state laws, regulations or local ordinances;
- To infringe upon our intellectual property rights or the intellectual property rights of any third party;
- To harass, abuse, insult, harm, defame, disparage, intimidate or injure our staff or any other person;
- To disseminate false or misleading information;
- To send, knowingly receive, upload, download, use or repost any content that violates these Terms;
- To send or distribute any advertising or promotional materials, including spam, chain letters, junk mail or similar solicitations;
- To impersonate any person or entity;
- To engage in any conduct that restricts or hinders others from using or enjoying the Service, or which we deem detrimental to the interests of Yangqian, Shopify or Service users, or which may expose them to liability.
In addition, you agree not to:
- Upload or transmit viruses or any malicious code that may disrupt the functionality of the Service;
- Copy, extract, sell, resell or exploit any part of the Service;
- Collect or track other users’ personal information;
- Send spam, phishing emails or otherwise abuse the Service;
- Use robots, web crawlers, data scraping tools, automated devices, processes or AI tools to access the Service, whether manually or automatically;
- Interfere with, bypass or circumvent security measures, authorization functions, robot exclusion headers or other access control measures implemented for the Service.
We reserve the right to suspend, disable or terminate your account without prior notice if we determine you have violated any provision of these Terms.
Section 14 – Agents
14.1 This Section (Agent Terms) applies if you deploy, permit, enable or cause any agent to access or interact with the Service. An "Agent" refers to any software or service that operates autonomously or semi-autonomously on behalf of an individual or entity, and performs actions on a user’s device without direct supervision.
14.2 No Agent may access or interact with the Service unless it fully identifies itself and complies strictly with Section 14.4 below. We may also prohibit any Agent from accessing or using the Service at our discretion.
14.3 We may adopt technical measures to restrict Agents from accessing and interacting with the Service.
14.4 All Agents must comply with the following requirements:
(1) Identify itself in all HTTP/HTTPS requests by including Agent/[Agent Name] in the user-agent string;
(2) Not conceal its identity as an Agent, including by simulating human behavior or bypassing CAPTCHA and other human verification measures;
(3) Respond truthfully to any verification questions designed to distinguish human users from automated systems;
(4) Not evade any measures intended to restrict or regulate Agent access to the Service.
Section 15 – Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time at our sole discretion without prior notice. You shall remain liable for all outstanding fees incurred up to and including the termination date.
Upon termination of these Terms, the following sections shall remain in full force and effect: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waivers, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other clauses intended to survive termination.
Section 16 – Disclaimers
Information provided via the Service is for general reference only. We do not warrant the accuracy, completeness or fitness for purpose of such information. Your reliance on any content from the Service is entirely at your own risk. We shall not be liable for any losses, damages or obligations incurred by you or any other party resulting from reliance on such content.
Unless otherwise expressly stated by Yangqian, the Service and all products offered thereon are provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, including without limitation implied warranties of merchantability, quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that the Service will operate uninterrupted, timely, securely or error-free. Certain jurisdictions do not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.
Section 17 – Limitation of Liability
To the fullest extent permitted by applicable law, Yangqian, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, together with Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages whatsoever, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs or similar damages, arising out of your use of the Service or any products obtained via the Service, regardless of whether such claims are based on contract, tort (including negligence), strict liability or other legal theories. This limitation applies even if we have been advised of the possibility of such damages, including losses arising from errors or omissions in content, or from the use of content or products distributed via the Service.
Section 18 – Indemnification
You agree to indemnify, defend and hold harmless Yangqian, Shopify, our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities, claims and expenses (including reasonable attorneys’ fees) arising from: (1) your breach of these Terms or any documents incorporated herein by reference; (2) your violation of applicable laws or third-party rights; or (3) your access to and use of the Service.
We will notify you of any indemnification claims; failure to receive timely notice shall not relieve you of your indemnification obligations unless you suffer substantial prejudice as a result. We may assume control of the defense and settlement of any such claims at your cost, including selection of legal counsel. We will not settle any claim requiring you to assume non-monetary obligations without your consent, which you shall not unreasonably withhold. You shall cooperate fully in the defense of all indemnification claims, including providing relevant documentation.
Section 19 – Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law. The unenforceable part shall be deemed severed from these Terms, and the validity and enforceability of the remaining provisions shall not be affected.
Section 20 – Waivers and Entire Agreement
No failure by us to exercise or enforce any right or provision under these Terms shall constitute a waiver of such right or provision.
These Terms, together with all policies and operating rules posted on this website or relating to the Service, constitute the entire agreement between you and us governing your use of the Service, and supersede all prior and contemporaneous oral or written agreements, communications and proposals between the parties, including all previous versions of these Terms. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
Section 21 – Assignment
You may not delegate, transfer or assign this Agreement or any of your rights and obligations under these Terms without our prior written consent, and any attempted assignment shall be void. We may transfer, assign or delegate these Terms and our corresponding rights and obligations at any time without your consent or prior notice.
Section 22 – Governing Law
These Terms and any separate agreements for the provision of the Service shall be governed by and construed in accordance with the federal and state laws of the jurisdiction where Yangqian’s headquarters is located. You and Yangqian hereby consent to the exclusive jurisdiction of the courts in such jurisdiction.
Section 23 – Headings
Headings used in this Agreement are for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
Section 24 – Amendments to Terms of Service
You may review the latest version of these Terms on this page at any time.
We reserve the right to update, modify or replace any part of these Terms by posting revised content on our website. It is your responsibility to check our website regularly for updates. We will notify you of material changes in accordance with applicable laws, and such changes shall take effect on the date specified in the notice. Your continued access to or use of the Service after the posting of revised Terms constitutes your acceptance of the changes.
Section 25 – Contact Information
If you have any questions regarding these Terms of Service, please contact us via email: yangqian20240520@outlook.com