Welcome to NewFrog.com. If you visit or shop at www.newfrog.com, you accept these conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1.Application and Acceptance of the Terms
1.1 Acceptance of the Terms
1.2 Terms Update Agreement
You acknowledge and agree that Newfrog.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.3 English Language Terms
If Newfrog.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.4 Applicable Law
Any dispute relating in any way to your visit to Newfrog.com or to products or services sold or distributed by Newfrog.com or through Newfrog.com shall be submitted to CIETAC, South China Sub-Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The number of arbitrators shall be one. The place of arbitration shall be Shenzhen China; The language to be used in the arbitral proceedings shall be Chinese. The arbitral award is final and binding upon both you and Newfrog.
2.Users & Account General
2.1 Use Agreement
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
2.2 One Account Per Customer
For safety and security, User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with Newfrog.com's approval, one User may only register one member account on the Site. Newfrog.com may cancel or terminate a User’s member account if Newfrog.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Newfrog.com may reject User’s application for registration for any reason.
2.3 Responsible for Own Account Security
A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify Newfrog.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
2.4 Provide Accurate Data
In accordance with Customs regulations customers must provide valid and accurate data. All consignee names, address and payers name should be valid. In certain countries the consignee may have to submit their ID or passport to clear the package or for payment verification purpose. Customers are solely responsible for the accuracy of data that they provide to Newfrog. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, Newfrog will not held responsible and will not offer any compensation in such cases.
2.5 Account Activities Agreement
Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
3.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
3.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
3.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
3.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
3.6 Each Member further represents, warrants and agrees that you shall:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c) not use the Services or Site to defraud any person or entity;
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) not engage in spamming or phishing;
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
g) not involve attempts to copy, reproduce, exploit or expropriate Newfrog.com’s various proprietary directories, databases and listings;
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i) not involve any scheme to undermine the integrity of the data, systems or networks used by Newfrog.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
j) not engage in any activities that would otherwise create any liability for Newfrog.com or our affiliates.
3.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to Newfrog.com’s e-commerce business.
3.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Newfrog.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Newfrog.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
3.9 Member acknowledges and agrees that Newfrog.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Newfrog.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
4.Breaches by Members
4.1 Newfrog.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Newfrog.com or our affiliates to liability, or is otherwise found inappropriate in Newfrog.com’s opinion.
4.2 If any Member breaches any Terms or if Newfrog.com has reasonable grounds to believe that any Member is in breach of any the Terms, Newfrog.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Newfrog.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Newfrog.com. The penalties that Newfrog.com may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Newfrog.com may consider appropriate in our sole discretion.
4.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) Newfrog.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
b) Newfrog.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
c) Newfrog.com believes that the Member’s actions may cause financial loss or legal liability to Newfrog.com or our affiliates or any other Users.
4.4 If a Member is in breach of the Terms, Newfrog.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Newfrog.com also reserves the right to disclose the records of such breach to our affiliates . Such Newfrog.com affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such Newfrog.com affiliates.
Under no circumstances shall Newfrog.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.1 Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Newfrog.com reserves the right at sole discretion to cancel any order for any reason.Some situation that whilst all efforts are made to ensure accuracy of product descriptions, specifications and pricing there may be occasions where errors arise. Should such a situation occur Newfrog cannot accept your order. In the event of a mistake you will be contacted with a full explanation and a corrected offer. The information displayed is considered as an invitation not as a confirmed offer for sale. The contract is confirmed upon supply of goods.Given the popularity and/or supply constraints of some of our products, Newfrog may have to limit the number of products available for purchase. Newfrog reserves the right to change quantities available for purchase at any time, even after you place an order.Or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
6.2 Order Cancelation
Customers can cancel their order at anytime prior to shipping; If you want to cancel your order,please contact our Support Center. However, once the order has been dispatched, the order cannot be canceled, changed, or refunded. Upon receipt of the package, our Warranty and Returns policy comes into effect.
6.3 Order Responsibility
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
7.Shipping and Delivery
7.1 Shipping times displayed on Newfrog refer to the estimated time it takes for packages to leave our hands. Since the actual delivery of your order can be impacted by many events beyond Newfrog's control once it leaves our facilities, we suggest that if customers have a special occasion or event that they wish to use their item for, such as a birthday, that they order their items well in advance. Newfrog cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth shopping experience.
7.2 For a smooth delivery and peace of mind, we strongly recommend that customers purchase shipping insurance during the checkout.In the event that your package has a shipping issue, Newfrog will send you a replacement package free of charge. If the item is no longer in stock, we will offer you a refund option.Any orders that do not have shipping insurance will not be the responsibility of Newfrog and the customer takes full liability for their package during the shipping process.
7.3 Newfrog provides information via banners on our site and through newsletters to customers, that provide details of shipping delays due to the peak season, and encourages customers to order in advance. We can therefore not be held responsible if a customer does not receive their order in time for peak season.
7.4 There may be occasions when Newfrog confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered in a timely fashion, Newfrog will contact customers and offer to cancel the order and refund the purchase cost in full.
7.5 We try to make the delivery process as simple as possible and we are able to send your order either to you home or to your work place.PO boxes address is accepted except shipping by Express delivery. Express shipments of this type can only be delivered to physical addresses.
7.6 Shipping and delivery times are calculated in working days from Monday to Friday. In the case of major holidays such as Christmas and the Chinese Lunar New Year, please allow extra delivery time. During those special occasions we will provide notices to reflect possible delays.
7.7 Customers are responsible for providing complete and accurate shipping addresses. Newfrog cannot make changes to your shipping address once a package has been shipped, and Newfrog is not liable for packages lost due to incomplete or inaccurate addresses.
7.8 All orders reported as "delivered" by shipping companies are considered delivered. Newfrog cannot be made liable of non-delivery in this case.
7.9 If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, Newfrog cannot be held liable if a package is returned.
7.10 Whatever the customer orders is what we ship. We can not be held liable for the customer receiving the wrong item if they placed the wrong order.
7.11 Due to international trade embargos and sanctions currently in place, a limited number of countries are subject to limited shipping restrictions. These include: Iran, North Korea, Cuba, Syria and sudan. Orders with shipping addresses within these countries can only be accepted if they contain apparel products and nothing else.
8. About customs tax
When you buy imported goods or services, you may have to pay for tax which is regulated by the country law. Newfrog is not responsible for any form of customs fees or taxes applicable on the items purchased from newfrog.com. Since shipping rates are estimates, the exact valuation of the taxes depend on the local taxes policy. For more information, please contact or consult with your local customs. If you have any other question, you can email to firstname.lastname@example.org.
8.1 Newfrog cannot be held responsible for any package that does not make it through the local customs and is destroyed due to the item being illegal in the destination country. Customers are solely responsible for complying with their local laws. We can also not be held responsible for any import tax that may occur and it is the customers sole responsibility to pay this fee, if any. Kindly note that shipping insurance does not cover any customs issues, including but not limited to, goods being destroyed or confiscated due to their illegal status in any given destination country.
8.2 Should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the costs involved in the process.
9.Exchange and Returns
If when you receive your product(s), you are not completely satisfied you may return the items, within 45 days for refund. Returns will take approximately 5 working days for the process once the goods have arrived. The precise length depends on the payment provider used (e.g. PayPal, credit card company, etc). Items must be in their original packaging, all the original boxes must be intact and included, along with all packaging materials, manuals, blank warranty cards, plus all accessories and documents provided by the manufacturer.
9.1 Customer must first contact us,once you want to return products.Once confirmed to meet the return conditions and given the correct return address and method,you can ship the product to us as required to finish the return.If the customer returns it without authorization, all costs and consequences will be borne by the customer.
9.2 The money back guarantee does not cover volume/wholesale and customized orders.
9.3 Return shipping fees are paid for by the customer. We are in general unable to refund you postal fees.
9.4 Any product returned found not to be defective can be refunded within the time stated above. Goods found to be tampered with by the customer will not be replaced but returned at the customer's own expense.
9.5 By default, the refund amount cannot exceed the original order amount paid to Newfrog. Newfrog is not responsible for and has no knowledge about any bank fees or exchange rate charges that may occur. These fees are processed by the issuing bank and will not be refunded by Newfrog.
9.6 Newfrog and/or the seller will act in accordance with the warranty as provided by the platform when and only when damage is in connection with the products valid and confirmed manufacturing defects. Newfrog and/or the seller will not be held liable for any damages resulting from customers improper use,personal negligence,and other reasons that do not attribute to product defects.
9.7 If the package is returned due to the customer's own reasons,because our company will bear the shipping cost of shipping and return, so we will not provide a full refund for the customer.
Use-Coupon or End of Line products can only be returned for repair. No refunds or replacements will be made.
We try very hard to ensure that you receive your order in pristine condition. If you do not receive the products ordered, please contact us. In the unlikely event that the product arrives damaged or faulty, please contact us immediately.
Prices and availability of items are subject to change without notice. The prices do not include V.A.T,import tax and duties, should your package become examined and deemed taxable by your local customs. Payment of these is the responsibility of the buyer.
While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on Newfrog that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availabilityWe reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
15.Conditions Of Use
All content included on the site such as text, graphics, logos, button, icons, images, audio clips, digital downloads and software are all owned by Newfrog and are protected by international copyright laws.
15.2 License and Site Access
Newfrog grants you a limited license to access and make personal use of this site. This license does not include any forms of commercial use of this site or its contents, any collection and use of any products, any collection and use of any product listings descriptions or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools. This site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any interest without express written consent from Newfrog.
15.3 Newfrog Marketing Correspondence
Following initial registration, customers are added to our mailing list featuring special deals, coupons and promotions. This allows our customers to take advantage of exclusive discounts. All customers can choose to unsubscribe from our marketing emails at any time by clicking on the link at the email footer.
15.4 Intellectual Property Infringements
We give great importance to Intellectual Property ("IP") and strive to avoid that any IP infringing products are sold on our site. If you believe that either your IP rights or IP rights of third parties are being infringed by products listed on our site, please notify us immediately. We will carry out an internal investigation over the allegedly infringing products and will take all necessary measures to protect customers, sellers and IP right holders.