hktdc.com Small Orders (Chinese Mainland) Terms and Conditions

1. GENERAL TERMS
1.1 You as advertiser (the "Advertiser") hereby agree and acknowledge that these Terms and Conditions shall be binding upon you. You also declare and confirm your acknowledgement and agreement to the hktdc.com Small Orders (Chinese Mainland) User Agreement (the "User Agreement") and the Terms and Conditions stated herein and agrees to comply with such at all times. In the event of any conflict between these Terms and Conditions and the User Agreement, the User Agreement shall prevail.
1.2 Unless the context requires otherwise, terms defined in the hktdc.com Small Orders (Chinese Mainland) User Agreement shall have the same meaning when used herein.
1.3 hktdc.com Small Orders (Chinese Mainland) reserves the right to levy fees or charges, such as advertising fee and administrative fee for the use of any of the Services, access of information or Content on the Website or provided by hktdc.com Small Orders (Chinese Mainland) without prior notice to you and without cause. If hktdc.com Small Orders (Chinese Mainland) decides to levy such charges, hktdc.com Small Orders (Chinese Mainland) will inform Users of the amount or rate therefor, identifying the Services concerned, by posting on the Website, by the change of these Terms and Conditions or by other means, and such charges shall become effective immediately. By requesting, commencing or continuing the use of the relevant Services, including but not limited to accessing the information or Content at any time after the publication of such fee schedule, you agree to pay hktdc.com Small Orders (Chinese Mainland) such charges.
2. ADVERTISERS'OBLIGATIONS
2.1 The Platform is only available to Advertisers that are not Chinese mainland entities. When you register to use the Services, you confirm that you are not incorporated in the Chinese mainland. All products sold to the mainland Buyers via the Platform must be owned by the Advertiser and must be imported into the Chinese mainland from Hong Kong or overseas and shall pass through the General Administration of Customs in China. You are obliged to check the customs, export and import regulations from time to time. If you are penalised for not complying with the above regulations, hktdc.com Small Orders (Chinese Mainland) will not be held liable for any loss.
2.2 When you import products into the mainland or when products are returned to you at your locations (either in Hong Kong or overseas), both senders and recipients of products are required to comply with the relevant laws and regulations, and honestly provide relevant information (including but not limited to the name, quantity and exact value of the products) and documents to the customs or logistics companies for declaration in advance or other exportation and importation procedures. Unless otherwise agreed, the recipients of products are obliged to receive the products, clear the customs and pay the customs duties. If any party fails to provide sufficient information, the information provided is being challenged by the customs or products are not accepted by the customs, customs detention may result. Both senders and recipients of products have to communicate to take further actions according to the instructions from the customs. You also clearly understand that there is potential risk in any trade transaction and you may have to bear any fine and/or handling fee if products are (including but not limited to) being detained, confiscated or destroyed by the customs; or returned, discarded or destroyed by the logistics company. hktdc.com Small Orders (Chinese Mainland) shall not be liable or responsible under any circumstance to clear the custom, pay customs duties, taxes, surcharges and penalty imposed by the customs, delivery fee for product return or handling fee charged by the logistics company etc. on behalf of you nor other Users.
3. TRANSACTION FLOW
3.1 Products on hktdc.com Small Orders (Chinese Mainland) will be listed in USD with a reference RMB price. Buyers will process payment via the Third-Party Payment Institution. You clearly understand that hktdc.com Small Orders (Chinese Mainland) is only a platform for Users to access the Services, and will not guarantee the services provided by any Third-Party Payment Institution or be liable for any risk or loss resulting from the relevant services.
3.2 The Third-Party Payment Institution will charge a Transaction Service Fee at 2.5% of the total transaction value (including product price and shipping fee, if any, as shown on the order contract) plus USD0.15 for each transaction, which shall be borne by the Advertisers. The Transaction Service Fee is subject to revision at any time, without prior notice to you and without cause, and shall become effective immediately upon posting on hktdc.com Small Orders (Chinese Mainland) website, by the change of these Terms and Conditions or by other means.
3.3 The limit of each transaction on hktdc.com Small Orders (Chinese Mainland) is USD1,000. Thus, the unit price of each product together with shipping fee must not exceed the limit. Otherwise, Buyers will not be able to proceed to payment and you will bear the sole liability on any potential commercial lost. hktdc.com Small Orders (Chinese Mainland) will not be held liable for any related issue.
4. SETTLEMENT FLOW
4.1 hktdc.com Small Orders (Chinese Mainland) is not a bank and do not offer banking services. We may use the services of one or more third parties to provide the Services and process your transaction.
4.2 You understand and agree that all the sales amounts generated on hktdc.com Small Orders (Chinese Mainland) website will be collected by hktdc.com Small Orders (Chinese Mainland) first. You appoint hktdc.com Small Orders (Chinese Mainland) as your payment processing agent for the purpose of receiving for and on your behalf payments made by the Buyers through Third-Party Payment Institution. hktdc.com Small Orders (Chinese Mainland)'s receipt of payment from Buyers (with the Transaction Service Fee already deducted by Third-Party Payment Institution) on your behalf in connection with the transaction(s) shall be deemed to have satisfied the obligations owed to you in the amount of the applicable payment by the Buyers, even if such funds are not remitted to you in accordance with these Terms and Conditions (whether such funds are held up by hktdc.com Small Orders (Chinese Mainland) or are offset against any amount payable by the Supplier to HKTDC).
4.3 hktdc.com Small Orders (Chinese Mainland) settles transaction funds to you via PayPal or other means in USD on a monthly basis. Prior to applying for the Services, you must create a PayPal business account for receiving payment. By the end of each month, hktdc.com Small Orders (Chinese Mainland) will consolidate the sales amounts for orders eligible for settlement taking into account of any possible charge due to refund and remit the funds to you. Orders must meet all of the following 4 conditions to become eligible for settlement: (i) such order is placed on or before the last day of the previous month (i.e. 31 January for settlement in February); (ii) such order is completed on or before the 17th day of the month of settlement (i.e. orders status has been changed to "Completed Order" on or before 17 February for settlement in February); (iii) the relevant (or relevant part of the) transaction fund has not been remitted to the Supplier; and (iv) no dispute is being handled on or before the date on which hktdc.com Small Orders (Chinese Mainland) starts processing remittance. If any of the above criteria is not met, the remittance will be postponed until all criteria are met. The obligation of hktdc.com Small Orders (Chinese Mainland) to remit funds collected by hktdc.com Small Orders (Chinese Mainland) on your behalf shall be limited to funds that hktdc.com Small Orders (Chinese Mainland) have actually received and that are not subject to chargeback or reversal, and hktdc.com Small Orders (Chinese Mainland) shall have no obligation to pursue any collection action against any User and/or Third-Party Payment Institution.
4.4 The timeline of settlement and fund remittance are for reference only and you understand that it may be delayed due to verification, processing and/or any other reason. hktdc.com Small Orders (Chinese Mainland) makes no warranty to any timing of the settlement and remittance, and shall not be held liable or responsible howsoever to any delay or failure in settlement/remittance or otherwise arising out of any settlement/remittance arrangement.
4.5 hktdc.com Small Orders (Chinese Mainland) has the right to require you to return the amount that has been settled to you, or directly offset such amount with any sum which would otherwise be payable to you (whether or not such sum payable is related to the same order) after hktdc.com Small Orders (Chinese Mainland) determines that such amount shall be refunded to the Buyer. In case of any discrepancy between the calculation of hktdc.com Small Orders (Chinese Mainland) and you, the record kept by hktdc.com Small Orders shall prevail if you are unable to provide valid evidence to the contrary. If you are considered to be adversely affecting the Platform's reputation and/or Buyer's experience, hktdc.com Small Orders (Chinese Mainland) has the rights to terminate your User account and claim against you for any liability, claim, demand, action, proceeding, loss, damages, penalty, tax, costs, charge and expense of any kind arising out of or in connection with your act.
5. MISCELLANEOUS
5.1 HKTDC reserves the right to make changes to HKTDC's site, policies, hktdc.com Small Orders (Chinese Mainland) User Agreement and the Terms and Conditions stated herein at any time without prior notice. The revised User Agreement and Terms and Conditions shall become effective immediately upon posting on the Website on http://xiaopiliang.hktdc.com/terms/en/user-agreement.html and http://xiaopiliang.hktdc.com/terms/en/promotion-terms.html respectively or by other means.
5.2 These Terms and Conditions are prepared in both English and Chinese languages. In case of any discrepancy between the two versions, the English version shall prevail.
5.3 These Terms and Conditions shall be governed by the laws of Hong Kong.
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