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TERMS OF USE OF BRITA CHINA CO.LTD.

Effective January 1, 2017

 

Please carefully review the following provisions of this BRITA Terms of Users (these “Terms”) before your registration as a BRITA user. Your decision to register as a BRITA user constitutes an agreement to be bound by these Terms.

 

The BRITA’s website (www.brita.cn) is owned and operated by BRITA China Co., Ltd with business address at 603-606, PING AN Fortune Tower, No.1088 Yuanshen Road, Pudong, Shanghai, PRC 200122 (“BRITA”). The Wechat public account (britah2o) is owned and operated by BRITA. You may register as a BRITA user through BRITA’s website or Wechat public account.

 

BRITA reserves the right to modify these Terms as we deem necessary. And we will, from time to time, announce on BRITA’s website and Wechat public account any modified version and its effective date. Your continued use of the Services indicates your agreement to the modifications.

 

  1. Terms and Conditions of Use of Our Services
    1. Scope of These Terms
      In these Terms, BRITA (or “we”, “our”, “us”) wish to inform you as to which of your Personal Data we gather and use (in other words, process and use) during your submission of such Personal Data to BRITA’s website or Wechat public account (collectively referred to as the “Webpage”) in order to receive our services in respect of sales, guidance, marketing, installation, refill and maintenance of our products (“Services”). It includes by reference our marketing plan available on the Webpage.

      “Personal Data” herein refers to any information concerning a certain or identifiable natural person, which you pass on to us or which we receive or collect, such as name and contact details (e.g. address, phone number, email address, Wechat ID); details of our products you purchase; information regarding your queries and our business relationship (e.g. orders, payment data, time in connection with receiving our Services), registrations and any participation made with us; information regarding the time, scope and if applicable the place in which you use our websites and other electronic services. We only gather and use personal data to the extent permitted by law or if you have given your prior consent thereto.

      By submission of your Personal Data to the Webpage you agree to be bound by these Terms. You should read these Terms carefully before submitting your Personal Data and/or using our Services.

      If you disagree with these Terms or any part of these Terms, you must not apply for registration or submit your Personal Data to the Webpage, and will not be able to receive our Services.

      To the extent that the Webpage and/or the Services include or interface with third parties’ services, software or websites, the respective terms of services, software and use provisions issued by such third parties shall apply and you undertake to comply with them.
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    3. Collection and Utilization of your Personal Data for Services

      (a) Your queries:
      If you address queries to us via a contact form or by email, we collect and use any indications you provide to answer your query. To the extent necessary to answer your query (for instance, when this concerns provision of our Services to you) or you have given your consent, we forward your query together with your details to our third-party Service providers in China.

       

      (b) Your orders:
      We collect and use the Personal Data you submit to the Webpage for the purpose of providing the Services. For this reason, we also pass on this Personal Data to third parties engaged by us for Service provision (for example installing our products at the address you submit to the Webpage).

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    5. How we contact you
      Unless otherwise specified herein, we and our designated providers of our Services contact you by telephone, message, Wechat and e-mail for the sole purpose of provision of the Services to you.

      In compliance with the statutory requirements, we partly engage through service providers, in other words to take care of the practical realization of provision of the Services on our behalf, according to our instructions and under our control. This may be, for example, a call centre for phone contacts, printing and letter shops for postal mailings and service providers for installation and refill of our products at the address you submit to the Webpage.
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    7. Use of Services
      Any Services requested by you shall be binding on BRITA only upon acceptance and further confirmation by us, to be sent to you through an e-mail message or other type of messages. Based upon actual circumstances, we may at our own discretion refuse any request.

      If any Service that you have requested is not available, we shall not be bound by any obligation to deliver; in this event we will inform you about non-availability of the Service.

      In the event of request of Services, the relevant contract between you and us shall be understood as concluded only upon written confirmation of the request sent to you through an e-mail message or other type of message by us.

      Any and all warranties in respect of the Services, whether implied or express, are disclaimed to the maximum extent allowed under the applicable law. As a Webpage user, you should be responsible for ensuring the accuracy of the information you provide to us. We are not responsible for the authenticity, accuracy and timeliness of Personal Data you submit to the Webpage in connection with the Services and any extra costs or expenses arising therefrom.
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    9. Service Warranty
      Without prejudice for (and without limiting in any way) any warranty disclaimer contained in these Terms, we warrant that the Services will substantially conform to the specification set out in the relevant section of our website www.BRITA.cn or in the relevant materials delivered with the Services.

      In the event of such non conformity, subject to any other additional disclaimer contained in these Terms, and unless otherwise provided for under mandatory applicable law, you are entitled to a warranty covering the defects for which warranty is given hereunder of the Services requested for ninety (90) days from delivery, provided that any such defect must be reported to us within ten (10) days from relevant discovery. Any claim beyond the mentioned timeframes shall be ineffective and deemed forfeited.

      This shall be the only remedy available to you and any other statutory remedy is excluded to the maximum extent allowed under applicable law.

      Notwithstanding the preceding provisions, in the event of the Services provided, the Services are provided “as is” and any and all warranties, whether implied or express, are disclaimed to the maximum extent allowed under the applicable law.

      To the extent permitted by the applicable law, we disclaim all other warranties with respect to the Services provided by us, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.
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    11. Withdrawal of Services Requests
      Unless otherwise specified, you have the right to withdraw from the request of the Services within seven (7) days without giving any reason, provided however that the right of withdrawal will not be available in case that the Services have already been provided (even if only partially) before the exercise of the right of withdrawal.

      To exercise the right of withdrawal, you must inform us of your decision to withdraw from the request of the Services by an unequivocal statement (e.g. a call made to call centre). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

      If you withdraw from the Services, you may, at your cost, be responsible for installation and refill of our products, and be solely liable for any defects as a result of such installation and refill, and our warranties covering the defects for which warranty is given under Section 1.5 above will be explicitly disclaimed.

     

  2. Limitation on Uses of Services
    1. Integrity of Materials on Webpage
      You may print a copy of any Webpage and download summaries for your personal reference. You may not, however, modify in any way any material you print or download, and you may not separate any illustrations, photos, videos, audio clips, or any graphics from their accompanying text. BRITA’s identity as the author of the Webpage materials must always be stated. You may not use any of the materials on the Webpage for commercial purposes. If you print, copy, or download any part of the Webpage in violation of this provision, your privilege to use the Webpage will be terminated immediately, and you must return or destroy at our request any copy of materials you have made.
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    3. Trademark
      Trademarks, logos, and service marks displayed on the Webpage (collectively referred to as the “Trademarks”) are the registered and unregistered Trademarks of BRITA or its affiliates. In the absence of express written consent by BRITA or its affiliates, registration as a BRITA user must not be construed as a grant of any license or right related to the Trademarks by implication or other means. BRITA will seek maximum IP protection for the Webpage and its content to the extent permitted by law, including the pursuit of criminal charges.
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    5. Access to Services
      You are authorized to visit the webpage on a temporary basis, and we reserve the right to withdraw or modify our Services on the Webpage without prior notice. We are not liable for any inaccessibility of the Webpage at any time for any reason.
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    7. Communication networks connection and security
      You agree that you are solely responsible for securing internet connection at your expenses. We disclaim any warranty as to the continuity of internet connection and any corruption or interception of information during the transfer or submission.
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  3. General Conditions
    1. Third Party Content
      The Webpage may contain the information from third parties, including links to other websites. BRITA is not responsible for any information provided by third party and links to other websites. These websites are governed by their individually applicable terms of use.
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    3. Infringement and Indemnification
      You agree to compensate against and hold BRITA harmless from any and all losses, damages, and expenses in case you cause damage to others for reasons of using the Webpage or BRITA’s Services. Under the aforesaid circumstances, BRITA has the right to suspend or terminate your account without notice at any time for any reason.

      Any liability of us for the breach of any obligation hereunder (including breach of warranty or use of the Webpage) provided by us is excluded, unless we have acted gross negligently or in willful intent. Notwithstanding the generality of the foregoing, we expressly exclude liability for consequential loss, damage of, or corruption to, other software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.
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    5. Severability
      If any of the provisions of these Terms is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of these Terms shall remain in full force and effect without being impaired or invalidated in any way.
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    7. Non-Waiver
      The failure of any party hereto to enforce at any time, for any period, any provision hereof shall not be construed to be a waiver of such provision or of the right of such party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy set forth in these Terms.
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    9. Headings
      The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of these Terms.
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    11. Governing law and Dispute Resolution
      The content of these Terms and attachment hereto is subject to the laws of the People’s Republic of China.

      All disputes, claims or controversies arising out of or relating to these Terms that are not resolved by friendly negotiations between the parties after thirty (30) from the commencement of such friendly negotiations shall be submitted to Shanghai International Economic and Trade Arbitration Commission (“Shanghai Commission”) for final and binding determination in accordance with its rules and procedures effective at the time when such dispute is submitted. The place of arbitration shall be Shanghai. There shall be three (3) arbitrators. BRITA and the other party each shall select one (1) arbitrator. The third arbitrator shall be agreed between the parties to the arbitration, and failing agreement, or if the arbitrator selected is unable or is unwilling to act, the appointing authority shall be Shanghai Commission. The costs of the arbitration, including legal fees, shall be borne by the losing party.
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