These terms and conditions create a contract (“Agreement”) between you and Sinotrends, LLC and DS Ecom Ltd., d/b/a EcommOps (“Company”). Please read the Agreement carefully. By providing payment to Company or by otherwise executing agreements, contracts or invoices with Company, you confirm your understanding and acceptance of the Agreement.
This Agreement along with other on-boarding documents or agreements provided by Company, governs your use of Company’s dropshipping services (“Services”). By conforming with Company’s suggested third-party services you may be required to enter into separate third-party service agreements. Company’s suggested third-party services should be used to achieve the optimal Services. If other third-party services are used, our Services’ performance may be affected. Company is not affiliated with any suggested third-party service provider including but not limited to Transferwise, Shopify, Google, Yunexpress, or Dianxiaomi.
Dropshipping services provided by Company will not begin until the initial payment has been cleared and received by Company. Delay in receipt of deposit may void agreed upon delivery dates.
Company reserves the right to stop, pause or otherwise cease Services if your financial balance with Company reaches a negative balance and/or a low balance and balance is not replenished by you upon notice by Company. Company shall not be liable to you for any delays or stoppages of fulfilling customer orders resulting from low/negative balances. Company in its sole discretion shall determine when the balance becomes low. Company may continue its Services upon receipt of sufficient payment to replenish low and negative balances.
Submitting any payment to Company creates a contract between you and Company and you agree to be bound by this Agreement. If any payment is not made or any invoice unpaid for any reason, you remain responsible for all agreed upon amounts. Company may provide you opportunities to submit delinquent payments but shall not be obligated to.
In the event litigation arises from this Agreement, all claims shall be litigated in Orange County, Florida.
Company may resend any products delivered to the end customer which arrives damaged or broken, any packages that are lost during international customs processes, and any packages otherwise completely lost in transit, provided however that written notice and proof of damage or lost products are submitted to Company within fourteen (14) days. Company will not guarantee nor will resend or replace any products lost due to incorrect mailing address inputted by end customers, products lost or returned due to refusal of end customer to receive package or marked “return to sender”, products undeliverable to end customer following multiple delivery attempts, product becomes defective, damaged, or otherwise fails to perform due to end customer’s use or misuse, or products arriving beyond the expected shipping time periods from causes beyond Company’s control.
In any event resulting in the stoppage or discontinuing of your offered products to customers, which is stored by the Company at the time of stoppage, you shall be responsible for the cost of said stopped or discontinued products at the amount agreed upon in the stock purchasing plan. Unless otherwise agreed by the Company, Company shall not have the obligation to return or resell such items and products back to you. Should you fail to respond to, or submit payment after receipt of demand for payment of stopped or discontinued products within ten (10) days, said products shall automatically become the property of Company and you waive any and all claims to recover those products and any claims for damages incurred from the stoppage, discontinuation, or transfer of ownership of products to Company.
Company does not assume any liability whatsoever for damages, losses or conditions arising from improper use or maintenance of products shipped.
You agree to hold Company harmless from any loss, damage or claims arising out of the use, misuse, or negligent operating of all products, including but not limited to indirect, special or consequential damages.
Neither party shall be responsible in damages, penalties or otherwise for any failure or delay in the performance of any of its obligations hereunder caused by strikes, riots, war, acts of God, accidents, governmental orders and regulations, curtailment or failure to obtain sufficient material, or other force majeure condition (whether or not of the same class or kind as those set forth above) beyond its reasonable control and which, by the exercise of due diligence, it is unable to overcome.
This Agreement shall not be assigned except upon prior written consent by Company.
This Agreement may not be terminated except by mutual written agreement of both parties. Termination will require a charge equal to time and materials expended for Services up to time of cancellation.
Special or custom orders are not returnable for credit. A special or custom order is defined as any order deviating from, or modified from, standard items or products. This shall include any component or system custom built to buyer’s specifications.
This Agreement constitutes the entire agreement of the parties hereto and no oral or written alterations or modifications of the terms contained herein shall be valid unless made in writing and accepted by you or your authorized representative and an authorized representative of Company.
Company reserves the right to impose a service charge of 1.5 percent per month on past due balances.
Should it become necessary for Company to take any action for collection of monies due and owing under this Agreement, you agree to pay collection costs, including, but not limited to, reasonable pre-litigation and litigation attorneys’ fees (including those on appeal) and court costs, and all other expenses incurred by Company resulting from such collection action.
You affirm that you shall not use or misuse Services for any illegal activities or for the shipment of any illegal products. All information provided to Company is the most accurate information regarding your business and products. You shall immediately notify Company if any information changes.
You shall not attempt to circumvent the processes used by Company in providing its Services.