The following Sales Terms apply to all sales. Certain sales, identiÂfied herein as the sale of Xuanhua’s authorized wholesale, are made subject to additional terms and conditions, which are set forth separately below.
The information provided by Xuanhua on the site https://www.sagessec.com allows you to leave us your intention to purchase certain identified products and services (each, a “Product” and collectively, the “Products”) from Xuanhua and available depending on the location from which you purchase the Products. Your purchase from Xuanhua constitutes your agreement to be bound by these terms of sale (“Terms”) and the provisions of the Limited Warranty appliÂcable to our Products. The Products may include software in any form (“Software”), and such Software may only be licensed to you, not sold, and only in accordance with Xuanhua’s End User License Agreement, as will be provided to you with the Product.
From all locations, these Terms constitute a legally binding agreement between you and Shanghai Xuanhua Intelligent Technology Co., Ltd.. When these Terms refer to “Xuanhua”, “Extra-Sages”, “us”, “we” or “our” each should be understood to refer to either Shanghai Xuanhua Intelligent Technology Co., Ltd. or its subsidiaries, as appropriate to your location.
Although our official website is accessible worldwide, the Products offered are not designed and tested for use in all countries. If you choose to make a purchase from Xuanhua or to use our Products outside the P.R. of China, you understand and agree that you are doing so on your own initiative and perhaps at your own peril in terms of the functionality and legality of your purchase and intended use, and that you are solely responsible for complying with all applicable local laws in your country. You expressly understand and agree that your purchase or use of the Products outside of the P.R. of China renders all provisions of these Terms void and of no pertinence or application to such purchase or use, and that Xuanhua makes no representation, warranty or other promise to you relating to the purchase or use of the Products.
In addition, in principle, Xuanhua usually do not offer retail sales to individual end consumer. Certain sales identified herein are the wholesales business that Xuanhua offer to its authorized distributor(s), reseller(s), dealer(s) and/or retail store(s).
Orders
When you place an order on Xuanhua we will ask you for certain identifiable information, including your company’s name, your personal name, phone number, email address, shipping and billing address, and other information so as to allow us to properly fulfill your order. When you place an order, Xuanhua’s third-party payment serÂvice provider will collect your details and charge you in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. For more information on Xuanhuaâs data use practices please see Xuanhuaâs Privacy Policy.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Xuanhua. You agree to promptly update your account and other information, including your email address, company bank account details, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Pricing
You agree to pay all fees for orders you place with us based on our then-current fees, charges, and billing terms as stated on the firm Sales Contract between you and us at the time of purchase. You expressly agree that Xuanhua is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your purchase and the fees will be billed to your company bank account, credit card, debit card, or other payment method designated on your initial order. Xuanhua is not liable for any loss caused by any unauthorized use of your company bank account, credit card, debit card or any other method of payment by a third party in connection with your use of the Service. Xuanhua reserves the right to change its billing methods at any time. All descriptions of products or product pricing are subject to change at any time.
Resale, Transfer and Modifications of Orders
Purchases made through Xuanhua are intended for resale, such person or entity shall be a Xuanhua’s Authorized Reseller. Subject to this prohibition on sales and terms applicable to Authorized Reseller set forth below, you may freely transfer your device(s). You should be sure to deactivate your device prior to initiating any transfer for data privacy and security purposes.
In the event that we limit, cancel or reject an order, we may atÂtempt to notify you by contacting the email and/or billing address and phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors or persons or entities we believe are purchasing with the intention of not for reselling. We also reserve the right to limit the sales of our ProdÂucts to any person, geographic region or jurisdiction.
Shipping and Returns
Xuanhua will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered. We will charge you for shipping and handling. Scheduled shipment dates are estimates only. Xuanhua will make reasonable efforts to meet the scheduled shipment dates, but in no event will Xuanhua be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery for reasons outside of Xuanhua’s unilateral control.
If you are not satisfied with any Product purchased from Xuanhua for any reason, you will have thirty (30) days from the date of purchase to request a full refund. For full details on the return process, please see Xuanhuaâs Return & Refund Policy.
Payment
Xuanhua reserves the right to change your Authorized Reseller terms and prices with appropriÂate notice to you. We do not provide upward or downward price protection or refunds in the event of promotions or price decreasÂes offered after the date on which you subscribe.
Payment Terms: After the Sales Contract of each order between you and Xuanhua has been firmly signed, 30% deposit must be paid before manufacture, and the rest of 70% must be paid before delivery. This term is applicable to any Xuanhua’s Authorized Resellers, and it is nonnegotiable.
Free Trials
Xuanhua do not provide any free trials, and we do not offer Free Sample to any reseller/distributor. ONE unit of Sample order will be offered on our MSRP (i.e. Manufacturer’s Suggested Retail Price) as deposit; since a further dealer’s order has been firmly placed, the deposit of the Sample unit will be refunded or deducted from the dealer’s order as the Sample unit has been delivered back and it’s in its original condition.
Limitation of Liability
Nothing in these Terms, and in particular within this “Limitation of Liability” section, shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES,
(A) IN NO CASE SHALL XUANHUA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM OUR SERVICES, EVEN IF XUANHUA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND
(B) IN NO CASE SHALL XUANHUA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY BODILY INJURY OR HARM TO PROPERTY , OR ANY OTHER LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMÂPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVEÂNUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHICH ARISE FROM OR ARE OTHERWISE ASSOCIATED WITH YOUR USE OR OWNERSHIP OF THE PROPERTY, OR ARISING FROM YOUR PURCHASE FROM OUR STORE, USE OF OUR SERÂVICES OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILÂABLE VIA THE SERVICE, EVEN IF XUANHUA KNEW OR SHOULD HAVE KNOWN ADVISED OF SUCH A POSSIBILITY.
Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
General
Xuanhua controls and operates its Service from its headquarters in the P.R. of China. If you use our Product and Service outside the P.R. of China, you are solely responsible for following applicable local laws. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the legality, validity and enforceability of any other remaining provisions.
Xuanhuaâs failure or delay in exercising its rights or ability to enforce and provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Product and Service, as defined in our Terms of Service, superseding any prior or contemporaneous agreements, communications and proposÂals, whether oral or written, between you and us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Governing Law & Dispute Resolution
The laws of the People’s Republic of China will govern these Terms, withÂout regard to conflicts of law principles. The United Nations ConÂvention on Contracts for the Sale of Goods and Uniform ComputÂer Information Transactions Act do not apply to this Agreement.
Any and all claims and controversies arising out of and related to these Terms shall be settled in the courts of competent jurisÂdiction in Shanghai, P.R. of China and you agree to submit to the personal jurisdiction of such courts. Any such claim or controÂversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Xuanhua from seeking any injunctive or other equitaÂble relief in any court of competent jurisdiction.
Changes to these Terms
These Terms are current as of the date set forth below. If we make any changes that materially affect our practices we will endeavor to provide you with notice of such change by highlighting the change on our website or by emailing you.
Contact Us
If you have any questions about these Terms you may contact us at: legal@sagessec.com
Last Updated: December 31, 2017