Terms & Conditions

Thank you very much for your business and your support.

LEIHUO LLC is a private company registered in compliance with the national legislation of the United States of America under the legal form of Non-governmental organization with registered office located at 30 N GOULD ST STE N, SHERIDAN, WY 82801.

Please take the time to read the following to understand our contractual relationship both relating to your use of our website and the products and services we provide you.

Interpretation

In these conditions unless the contrary intention appears: “Additional charges”, includes all delivery, handling and storage charges, any bank transfer charges or credit card fees, sales tax, interest, legal and other costs of recovery, any other government imposts and all money, other than the Invoice Price, payable by the Customer to LeiHuo llc arising out of the sale of the Goods. “Contract” means the contract between LeiHuo llc and the Customer for the sale and purchase of the Goods in accordance with these Terms. “Customer” means the person to or for whom the Goods are to be supplied by LeiHuo llc. “Goods” means the goods and services sold to the Customer by LeiHuo llc. “Payment Terms” means payment in full, in cash on delivery of the Goods unless otherwise specifically stated or agreed in the Sales Order Form. “Purchase Price” means the price for the Goods as set out in the Sales Order Form or as agreed by LeiHuo llc and the Customer prior to delivery of the Goods. If no purchase price has been agreed, the Purchase Price shall be the list price for the Goods as charged by LeiHuo llc as at the date of delivery. “Sales Order” means, where an order is placed via LeiHuo llc’s website, the sales order form completed by the Customer online or, where an order is placed by telephone, the sales order form sent by LeiHuo llc by email to the Customer setting out the details of the desired order.

Your general obligations regarding use of the Site

You agree to use the Site for personal purposes only and in accordance with these Website Terms and all applicable laws, regulations and generally accepted online practices or guidelines. The Site may not be used in connection with any commercial endeavours unless specifically endorsed or approved by us in writing.

Any user ID and password you may have for the Site is confidential and you are responsible for maintaining the confidentiality of your account, user ID, and password.

You must not:

use the Site for any purpose that is unlawful or prohibited by these Website Terms;
attempt to copy, duplicate or reproduce the Site or any component thereof;
systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorised use of the Site;
use a buying agent or purchasing agent to make purchases on the Site;
use the Site to advertise, market or offer to sell any products or services;
use any device, routine or software to monitor, crash, delay, or otherwise damage the operation of the Site or engage in any activity that disrupts or interferes with the Site, including the servers and/or networks to which the Site is located or connected;
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
engage in unauthorised framing of or linking to the Site;
make improper use of our support services or submit false reports of abuse or misconduct;
access (or attempt to access) any of the information available through the Site by any means other than through the means we provide (customary domain access through a standard search engine or Internet browser);
engage in any automated access or use of the system or Site, such as using scripts to send comments or messages, or using any monitoring, data mining, robots, or similar data gathering or extraction tools;
interfere with, disrupt, or create an undue burden on the Site or the networks or servers connected to the Site;
attempt to impersonate another user or person or use the details of another user or person;
use any information obtained from the Site, or take any action in connection with the Site, to disparage, defame, harass, abuse, or harm another person or infringe on their rights;
use the Site as part of any effort to compete with us or otherwise use the Site for commercial gain;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any part of them;
delete the copyright or other proprietary rights notice from any of Our Content;
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, extension, plug-in, or offline reader that accesses the Site, or using or launching any unauthorized script or other software; or
create, upload, share or transmit any content in connection with the Site, which would breach the representations and warranties you have made in these Website Terms.
Although we have no obligation to monitor any person’s use of the Site, we reserve the right at all times to:

monitor use of the Site for breaches of these Website Terms;
take appropriate legal action against anyone who, in our sole discretion, breaches the law or these Website Terms;
monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or other governmental inquiry;
revoke or restrict access to, disable, remove or limit the availability of, the Site, Your Content, or any portion of them; and
otherwise manage and operate the Site in a manner designed to protect our rights and to facilitate the proper delivery of our products and services.
Eligibility to purchase on the Site

Any purchase made on the Site will be subject to our Sale Terms.

In order to make purchases on the Site, you must be at least 16 years of age (or the age of majority in your state of residence) and provide your personal details. In particular, you must provide your legal first and last name, phone number, email address and other requested information as indicated.

For information about how we keep your personal information safe, please refer to our Privacy Policy.

You will be required to provide payment account information and details that you represent and warrant are both valid and correct, and by doing so you confirm that you are the person referred to in the billing information.

Online sales are only for individual customers and not for wholesale or resale customers.

Only individuals (a) who meet the foregoing eligibility criteria, (b) who have been issued a valid credit/debit card by a bank acceptable to LeiHuo llc, (c) whose applications or orders are acceptable to LeiHuo llc, and (d) who have authorised LeiHuo llc to process a charge or charges on their credit/debit card in the amount of the total purchase price for the products which they wish to purchase, are permitted to make purchases on the Site.

LeiHuo llc reserves the right to restrict multiple quantities of an item being purchased by, or shipped to, any one customer or postal address.

Credits and returns

Please refer to our General Terms & Conditions of Sale in relation to warranties, returns and refunds for purchases made on the Site.

Our Content

Our Content is provided on an “as is” basis for your information and personal use only. Unless otherwise indicated, the Site, Our Content, and all copyrights, trademarks, service marks, logos, trade names, trade dress, designs and other intellectual and proprietary rights (“IP Rights”) contained therein, are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other IP Rights and laws.

You acknowledge that the Site and Our Content contain original works and have been created, developed, prepared, and compiled by us through the application of considerable time, effort and expense and that they are of considerable value to us. You agree to protect the Site, Our Content and our IP Rights during and after the term of any agreement between you and us created by these Website Terms.

Except as expressly provided in these Website Terms, you agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, reverse engineer or otherwise exploit for any commercial purpose whatsoever, any part of the Site, Our Content, or our IP Rights, without our express prior written permission.

You are granted a limited license only for the purposes of viewing the Site and Our Content, and using any functional aspects of the Site (such as “design your own” LeiHuo llc), when you use the Site and only to the extent that your use does not violate these Website Terms.

We reserve all rights not expressly granted to you in and to the Site, Our Content and our IP Rights.

Your Content

In using the Site, you may be invited to create, upload, share, transmit, post, display, perform, publish, distribute or broadcast Your Content to or through or in connection with the Site. By doing so:

you automatically grant us a perpetual, non-exclusive, royalty-free, unrestricted, unlimited, irrevocable, worldwide and transferable right and license to use, distribute, and make derivative works from Your Content (or any part thereof) in any way for any purpose (including but not limited to commercial and advertising purposes), subject always to our obligations under our Privacy Policy;
you consent to any act or omission which would otherwise constitute an infringement of your moral rights;
you agree not to attempt to enforce any of your IP Rights (if any) in Your Content or any moral (or artist’s) rights therein; and
you represent and warrant to us that you have the capacity and all necessary rights to grant the licenses and consents set out herein.
We do not assert any ownership over Your Content. You retain full ownership of all of Your Content and any IP Rights or other proprietary rights associated with Your Content. We are not liable for anything, including any statements or representations, in Your Content. You expressly agree to release us from any and all liability, and to refrain from any legal action against us, in connection with Your Content or any of your IP Rights therein.

The Site is available to the public (globally), therefore any information you consider confidential or proprietary should not be posted to the Site.

We are under no obligation to monitor Your Content and do not warrant that Your Content is or will be monitored. However, we have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any of Your Content, move or delete any of Your Content, or to not publish Your Content, at any time and for any reason, without notice.

You further acknowledge that you are solely responsible for Your Content and represent and warrant that:

you are the creator and the owner of Your Content and it does not and will not infringe the proprietary or IP Rights of any third party;
Your Content is not false, inaccurate, or misleading, and does not and will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
Your Content does not violate the privacy or publicity rights of any third party;
if Your Content relates to a review or rating, (a) you have had firsthand experience with the matter being reviewed, (b) you are not affiliated with any competitor if posting a negative review, (c) you have not made any statements or conclusions as to the legality of any conduct, and (d) you are not organizing a campaign to encourage others to post reviews;
Your Content does not impersonate any person or entity, including any of our employees or representatives;
Your Content does not contain any malware, viruses, Trojan horses or other disabling devices or software which interferes, or may interfere, with the operation of the Site, or which monitors, collects, alters, or deletes any information which you have no authority to monitor, collect, alter, or delete, or which overloads the Site by spamming or flooding them;
Your Content does not and will not interfere with any party’s uninterrupted use and enjoyment of the Site, or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Site; and
Your Content does not otherwise violate, or link to material that violates, any provision of these Website Terms, or any applicable law or regulation.
Any use of the Site in breach of the matters set out above breaches these Website Terms and may result in, among other things, termination or suspension of your rights in connection with the Site.

Third Party Websites and Third Party Content

The Site may contain links to other websites (“Third Party Websites”) and may include Third Party Content.

We have not reviewed, investigated, monitored, endorsed, validated, or approved Third Party Websites or Third Party Content. We are not responsible for any Third Party Websites or Third Party Content accessed or available through the Site.

We do not warrant that any links to Third Party Websites work, are up to date, or are safe, and we do not accept any responsibility for or liability in relation to them or in respect of any Third Party Content. The use of or reliance on any Third Party Websites or Third Party Content is entirely at your own risk.

Intellectual property rights and LeiHuo llc authenticity

LeiHuo llc Pty Ltd has designed, developed and manufactured a distinctive and unique range of reusable cups known as LeiHuo llcs. LeiHuo llc Pty Ltd is the owner of all intellectual property including copyright attaching to LeiHuo llcs and has registered the LeiHuo llc design under international Design Registration numbers 324241 and 334106 trademarks “LeiHuo llc” and has patent applications pending. LeiHuo llc Pty Ltd has , , licensed these intellectual property rights to LeiHuo llc to manufacture and distribute the Goods in the USA. The designs comprise the whole of the cup; the lid; the plug; the silicone band; and the instruction booklet. LeiHuo llcs come in a range of sizes, colours and finishes. The sale of Goods does not have the effect of vesting in the Customer any right to any of LeiHuo llc Pty Ltd’s intellectual property rights in the Goods, including without limitation it’s trading name, registered trademarks, copyright in Goods, designs and patents, the ownership of which will remain with LeiHuo llc Pty Ltd at all times. The Customer agrees that; it will clearly and visibly display LeiHuo llc’s brand and trade mark on all Goods and sales collateral; any visual merchandising of the Goods will identify the LeiHuo llcs by name and display the LeiHuo llc trademark; it will use the LeiHuo llc trademark as outlined in the brand guidelines and only with the prior written consent of the Company; all printing on the band will be done by LeiHuo llc or an authorised supplier appointed in writing by LeiHuo llc; no other component of the Goods may be customised without written authority from LeiHuo llc; Goods will always be displayed, represented and sold in their complete form, never as components; Goods are always sold and displayed with the instruction booklet inserted inside the cup; and in the event that the end user has the LeiHuo llc filled on purchase, they will be provided with the instruction booklet at point of purchase. The Customer will not extend any warranty or guarantee relating to the Goods or make representations without express written authorization from LeiHuo llc nor will it sell, distribute, display, market, advertise or give away individual components of the Goods.

We enforce our IP Rights for our products, including, but not limited to, our ownership of the distinctive LeiHuo llc product designs as well as our other IP Rights worldwide. Our brand protection enforcement efforts take many forms. There are many features that customers can use to identify and authenticate a LeiHuo llc product, including but not limited to, our trademarks, authorized retailers, and unique packaging.

We prohibit our authorized retailers, resellers, international distributors, and other partners from selling on online marketplaces or other discount retailers.

If you find an imitation LeiHuo llc product, please let us know by contacting our Customer Service with a description and any accompanying information you can provide, including photographs or images from the Internet.

Modifications, interruptions and products displayed on the Site

We reserve the right to change, modify, or remove the Site, Our Content, Your Content, or any Third Party Content, at any time and for any reason at our sole discretion without notice.

We will not be liable to you or any third party by reason of our withdrawing any products from the Site (whether or not the products have been sold), for any modification, price change, suspension, or discontinuance of the Site, for removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Nothing in these Website Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection with the Site.

Payments on the Site

All payments on the Site are processed by PayPal or eWAY. We do not store credit/debit card details nor do we share customer details with any other third parties.

Payment will be debited and cleared from your account at the time of purchase. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to LeiHuo llc, we will not be liable for any delay or non-delivery.

Although in so far as it is in our power to do so we take reasonable care to make our Site secure and to keep the details of your order and payment secure, in the absence of negligence on our part, we shall not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Safeguarding your personally identifiable information and privacy.

We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with, when you place an order or access your account information, in compliance with our legal obligations.

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. By using the Site, you confirm that you have read and agree to the Privacy Policy, which is incorporated herein by this reference. The Privacy Policy can be accessed here.

If you believe that information has been provided to us and/or made available through the Site in violation of your rights, please email us at leihuo1883@gmail.com or contact us via our Contact page.

Electronic communications, transactions and signatures

You consent to receiving electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Commercial wholesale site

For commercial LeiHuo llc customers, resellers and distributors who have been appointed by our sales team, the Site may be used subject to these Website Terms, the General Terms & Conditions of Sale and Additional B2B Terms and Conditions of Sale, and any applicable brand guidelines and distribution agreements.

Limitation of liability

Nothing in these Terms shall limit or exclude LeiHuo llc’s liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by any Goods Act; defective products under any Consumer Protection; or any other matter in respect of which it would be unlawful for LeiHuo llc to exclude or restrict liability. Subject to the above, LeiHuo llc shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the supply of Goods; and LeiHuo llc’s total liability to the Customer in respect of all other losses arising under or in connection with the supply of Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Purchase Price of the Goods.

Indemnity

You hereby agree to fully defend, indemnify, and hold LeiHuo llc and our officers, directors, employees, agents, representatives, subcontractors and suppliers (the “Indemnified Parties”), harmless from and against, and you covenant not to sue the Indemnified Parties for, any claims, losses, damages, costs, expenses, liabilities, obligations, or proceedings (including, without limitation attorneys’ fees and costs) arising from or related to:

Your Content and our use of Your Content;
your use of the Site;
use of the Site by any other person using your Internet account as a result of your actions or omissions;
your use of, or reliance on, any information obtained through the Site;
your conduct in connection with the Site, including any breach by you of these Website Terms;
any breach by you of the representations and warranties you have made as set out in these Website Terms;
any breach by you of the rights of any third party, including but not limited to, IP Rights;
any harm, loss or damage you have caused to any other person in connection with the Site;
your negligence, error, omission, or willful misconduct; and
any malicious damage or interference you cause to the Site or any other of our marketing and social media platforms and accounts.
Notwithstanding the matters set out above, we reserve the right, at your expense, to assume defence and control of any matter for which you are required to indemnify us (including the Indemnified Parties), and you agree to cooperate, at your expense, with our defence of such claims.

Your rights

Nothing in these Website Terms limits, excludes or modifies, or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer laws and these Website Terms are to be read subject to any such laws. If such legislation applies, to the extent that our liability cannot be excluded by law, we limit our liability in respect of any claim to the total amount paid by you (if any) for any chargeable products or services purchased by you, plus the costs of shipping.

Complaints

If you are unhappy with the service you have received or any aspect of the Site, please notify us through our help centre with a subject line ‘COMPLAINT’ or telephone your nearest office. We take your feedback very seriously and will endeavour to investigate the matter fully.

If you have any queries regarding these Website Terms, wish to obtain further information regarding the Site or our products and services, need to notify us in relation to any matter relating to the Site, or have any other queries, please contact us.

Feedback and comments

General

LeiHuo llc may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations pursuant to these Terms. Any conditions found to be void, unenforceable or illegal may to that extent be severed from the Agreement and the enforceability of the remainder of these Terms shall not be affected. No waiver of any of these terms and conditions or failure to exercise a right or remedy by LeiHuo llc will be considered to imply or constitute a further waiver by LeiHuo llc of the same or any other term, condition, right or remedy. Third parties shall have no rights under or in connection with the supply of Goods in accordance with the Terms. These Terms may only be varied by agreement in writing between LeiHuo llc and the Customer.

Terms and Conditions – General
These General Terms & Conditions of Sale, which incorporate (a) the Additional B2B Terms (as defined below) if applicable, and (b) our Terms of Use & Service, which are both incorporated herein by this reference (collectively, these “Sale Terms”) apply to the sale of products by LeiHuo llc (as defined below). LeiHuo llc reserves the right to vary these Sale Terms from time to time. Any variations will take effect from the time they are posted on LeiHuo llc’s website. The Sale Terms which apply at the time the Sales Order (as defined below) is placed shall govern the Sales Order and are deemed to be incorporated into any Contract (as defined below).

Interpretation

Order for goods

A Sales Order constitutes an offer by the Customer to purchase the Goods in accordance with these Terms. A Sales Order becomes a binding Contract when; a written acceptance is issued by LeiHuo llc; where customised Goods have been ordered, upon receipt by LeiHuo llc of a 20% deposit; or if earlier, when the Goods are delivered to the Customer by LeiHuo llc in accordance with the Sales Order. LeiHuo llc reserves the right to accept a part only of an order specified on a Sales Order Form by notifying the Customer in writing or by delivering the Goods to the Customer. A Sales Order which has been accepted in whole or in part by LeiHuo llc cannot be cancelled by the Customer without obtaining the prior written approval of LeiHuo llc, which it may refuse in its absolute discretion. These Terms in conjunction with an accepted Sales Order constitute the entire agreement between the parties and will override any terms purported to be incorporated by the Customer.

Pricing

All prices shown on our website are inclusive of GST.

Our invoices will show an amount which is exclusive of GST and the amount of GST payable by you will be shown separately. You agree to indemnify LeiHuo llc in respect of GST paid and payable by LeiHuo llc for the supply of the products.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on our website at the time the order is placed and accepted will be honoured, except in cases of patent error (which cases shall be determined by LeiHuo llc in its sole discretion).

Once an item has been purchased, no price adjustment will be offered should the item subsequently be marked-down.

If you are a customer whose credit/debit card is not denominated in the currency you are purchasing, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Description of goods

Any description of the Goods provided by LeiHuo llc is for the purpose of identification only and use of a description does not constitute a sale by description; Any sample of Goods exhibited to, or inspected by the Customer is supplied solely to judge the quality in bulk and does not constitute a sale of sample; To the extent that the Goods are to be customised in accordance with the Customer’s instructions, the Customer shall indemnify LeiHuo llc against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by LeiHuo llc in connection with any claim made against LeiHuo llc for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with LeiHuo llc’s compliance with the Customer’s instructions. This provision shall survive termination of the Contract.

Customised products

To the extent that the products are to be customised in accordance with your instructions, you agree to indemnify LeiHuo llc against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by LeiHuo llc arising out of or related to any claim made against LeiHuo llc for actual or alleged infringement of a third party’s intellectual property rights arising out of or related to LeiHuo llc’s compliance with your instructions. This provision shall survive termination of the Contract.

Damaged or incorrect products

We will, upon your request, replace any product or part that is received in damaged condition or as a result of our error, provided your request is accompanied by photographic documentation and made within seven (7) days of your receipt of the product.

Please retain the full product, unless otherwise requested, as we will generally only replace the required parts.

No material will be accepted or replacements issued without prior written approval from us to return such products.

For damage that has been caused by fair wear and tear or use and abuse (e.g. the dog ate it, it fell off the top rack of the dishwasher, left it on the roof of my car, dropped it on the floor), we encourage you to purchase replacement parts.

Returns and refunds for change of mind

If you have changed your mind about a purchased item and wish to return it for a refund, you must notify us within 14 days, and return the item(s) to us (at your cost) within 30 days of delivery of your order. If 30 days have passed since your order was delivered, unfortunately, we can’t offer you a refund for change of mind.

We do not accept items for exchange. If you want to exchange an item (other than a customised item) for a different size or colour, you will need to place a new order and return the original item as set out herein.

If we accept your return, we will refund the amount you paid for the item (original sale price or discounted price, as applicable). We will not refund the cost of shipping.

To be eligible for a return, your item (including the packaging and written materials) must be unused and in the same resaleable condition in which you received it. It must also be in the original packaging with any original tags attached. If the products are returned used, damaged or do not have all original packaging, we reserve the right to refuse your refund.

We cannot accept the return of any customised product due to change of mind.

Recyclability and food safety

Where possible we endeavour to make all products from single material components to increase their recyclability.

We test our products annually to verify food safety compliance and that all materials are fit for such purpose.

Consumer guarantees

You acknowledge that LeiHuo llc has not made any representation or warranty concerning the performance of the products or the suitability of the products for any use other than in accordance with these Sale Terms and LeiHuo llc’s instructions and guidelines included with the products.

To the extent permitted by law, and except as provided herein or under the ACL, there are no other express or implied warranties, guarantees, conditions or other terms regarding the sale of the products, and LeiHuo llc shall not be liable to you for physical or financial injury, loss or damage or for indirect or consequential loss or damage of any kind arising out of the supply or use of the products, whether caused by tort, breach of contract or arising out of LeiHuo llc’s negligence or in any way whatsoever.

If you are a “consumer” for the purposes of the ACL or other applicable law, LeiHuo llc is required to make certain guarantees regarding the supply of the products (including guarantees as to acceptable quality, fitness for purpose, due care and skill) and LeiHuo llc makes those guarantees solely to the extent it is required by applicable law in your state or jurisdiction of residence to do so. If these guarantees are not required to be made by LeiHuo llc in your state or jurisdiction of residence, LeiHuo llc does not make them.

If you are not a “consumer” for the purposes of the ACL, any warranty, guarantee, condition or other term arising out of or in connection with the supply of the products which might apply or which might be implied into or incorporated into the Contract by statute, common law or otherwise (including, without limitation, guarantees as to acceptable quality, fitness for purpose, due care and skill) is hereby expressly disclaimed and excluded to the maximum extent permitted by applicable law.

Manufacturer’s Warranty

In addition to your rights under the ACL (if any), LeiHuo llc warrants that on delivery and for a period of twelve (12) months from delivery, the products will be free from material defects in design, material and workmanship (the “Manufacturer’s Warranty”). The Manufacturer’s Warranty is subject to the terms and conditions set out in this clause 10 and clause 11.

The Manufacturer’s Warranty does not affect any rights you may have under the ACL (if applicable) and sits alongside the ACL, which cannot be excluded.

To make a claim under the Manufacturer’s Warranty, you must notify LeiHuo llc in writing of your claim and provide sufficient information to enable us to identify the issue, together with proof of purchase. You must then clearly label and identify the products with your name and address and return the products to us so that we may inspect them and conduct an assessment of the claim. We may, at our discretion, waive the requirement for the products to be returned to us and may instead request that you provide photographic documentation to enable us to assess your claim. Where we have agreed to re-take possession of products returned to us under a warranty claim, and/or agreed to accept photographic documentation of your claim, we shall not be deemed to have admitted liability for that warranty claim until we have assessed the claim and provided written notice of acceptance of the claim to you.

Warranty exclusions and limitations

Notwithstanding all of the above, to the maximum extent permitted by law, LeiHuo llc will not be liable to you (under the Manufacturer’s Warranty or otherwise) for any defect or damage caused or partly caused by or arising as a result of:

(a) your failure to properly maintain the products;

(b) your failure to follow any instructions or guidelines provided by LeiHuo llc, including anything in these Sale Terms;

(c) any failure to the extent that the failure is not a failure of the product to perform in accordance with its specifications;

(d) any use of the products otherwise than for any application specified in the instructions provided by LeiHuo llc;

(e) the continued use of the products after any defect has become apparent (or would have become apparent to a reasonably prudent user);

(f) fair wear and tear;

(g) damage to the products resulting from negligence, misuse or abuse;

(h) slight colour variations between colour selection samples and finished product;

(i) any accident or act of God; or

(j) if the products and/or workmanship are repaired or altered in any way without LeiHuo llc’s prior consent.

Nothing in this clause affects any rights you may have under the ACL.

Shipping

We ship all items from the closest assembly warehouse (UK, US or Australia). We locally assemble products from locally produced packaging, and where possible, locally manufactured components.

Due to the high environmental cost of shipping, we do not discount shipping and we pass on actual costs to you. We have a group order facility to ameliorate the cost of shipping multiple orders to a single address.

Any available discounts will be applied to products as you add items to the online shopping cart, but not to the cost of shipping.

When calculating your total estimated shipping time, please allow for assembly time plus shipping time from our warehouse. Assembly time will depend on the size of the order, but is generally between one (1) to ten (10) business days.

Business days are Monday through Friday, excluding weekends and public holidays in the location of the warehouse.

Delivery

Delivery of the Goods will be made to an address nominated by the Customer in the Sales Order Form. The Customer will make all arrangements necessary to take delivery of the Goods once notified that they are ready for delivery. Delivery of the Goods to the nominated address shall be deemed to be delivery of the Goods to the Customer. The times quoted for delivery are estimates only and LeiHuo llc accepts no liability for failure or delay in the delivery of any Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of LeiHuo llc in which case they will be invoiced and paid for in instalments. Where LeiHuo llc delivers less Goods than that ordered by the Customer, or there are printing or packing errors with the Goods supplied, the Customer must notify LeiHuo llc in writing within 7 days of the delivery date. Return of Goods will not be accepted by LeiHuo llc except by prior agreement in writing with LeiHuo llc and may be subject to a 10% restocking fee. Customised Goods will not be returnable in the absence of material defects. Any Goods returned must be free of damage and in a saleable condition and all freight charges are to be pre-paid by the Customer to LeiHuo llc.

Intellectual property

General

Additional b2b terms

Application

These Additional B2B Terms & Conditions of Sale (“Additional B2B Terms”) apply to Commercial Customers. They apply in addition to, and are incorporated into, these Sale Terms with respect to Commercial Customers.

In the event that these Additional B2B Terms are inconsistent with any terms set out in these Sale Terms above (i.e. up to clause 15), the Additional B2B Terms shall apply to the extent of the inconsistency. In addition, in the event that a customer or Commercial Customer has any terms and conditions applicable to any sale that are inconsistent with these Sale Terms or these Additional B2B Terms, these Sale Terms and these Additional B2B Terms shall control.

Price and payment

The Customer shall pay the Purchase Price plus any Additional Charges to LeiHuo llc in accordance with the Payment Terms. Where funds are to be transferred electronically, the Customer shall ensure that all fees and charges are deducted at source and that LeiHuo llc receives the full amount invoiced. If the Customer is in default, LeiHuo llc may at its option withhold further deliveries or cancel future Orders without prejudice to any of its existing rights. Interest will be charged at the rate of 1.5% per calendar month or part month from the due date for payment until the actual date of payment on any overdue amounts.

Return of products

Products may be delivered in instalments at the discretion of LeiHuo llc, in which case they will be invoiced and paid for in instalments. Where LeiHuo llc delivers fewer products than you have ordered, or there is damage to the products, or printing or packing errors with the products supplied, you must notify LeiHuo llc in writing within seven (7) days of the delivery date.

Return of products for change of mind will not be accepted by LeiHuo llc except by prior agreement in writing with LeiHuo llc. Such accepted returns may be subject to a ten percent (10%) restocking fee.

Representations to end-users

Any representations or recommendations we make to you are to be used as guides or suggestions only. It is your responsibility to wholly consider the products and their suitability for the end-user. You hereby agree to indemnify LeiHuo llc and its officers, employees and agents in respect of all claims relating to any representations made by you to end-users which are inconsistent with LeiHuo llc’s instructions and guidelines, including these Sale Terms.

Your obligations in relation to the LeiHuo llc IP and products

You agree that:

(a) you will clearly and visibly display LeiHuo llc’s brand, logo, and trademark on all products and sales collateral;

(b) any visual merchandising of the products will identify the products by name and display the LeiHuo llc trademark;

(c) you will only use the LeiHuo llc trademark, and present the products, as outlined in the brand guidelines and subject to all applicable LeiHuo llc quality control requirements;

(d) all customisable printing on the band will be done by LeiHuo llc or an authorised supplier appointed in writing by LeiHuo llc;

(e) no other component of the products may be customised without written authority from LeiHuo llc;

(f) products will always be displayed, represented and sold in their complete form (never as components);

(g) you must not sell, distribute, display, market, advertise or give away individual components of the products;

(h) products are not permitted to be re-sold online or through discount retailers except as approved by LeiHuo llc in writing;

(i) products will always be sold and displayed with the instruction booklet inserted inside the cup; and

(j) in the event that the end-user has the LeiHuo llc filled on purchase, they will be provided with the instruction booklet at point of purchase.

You must not extend any warranty or guarantee relating to the products or make representations without express written authorisation from LeiHuo llc.

Retention of title

The risk in the Goods passes to the Customer on the completion of loading of the Goods at the nominated delivery location. Title to the Goods shall not pass to the Customer until LeiHuo llc has received payment in full for the Goods and for any Additional Charges associated therewith. Until title to the Goods has passed to the Customer, the Customer shall: hold the Goods on a fiduciary basis as LeiHuo llc’s bailee; store the Goods separately from all other goods held by the Customer; not remove or deface any identifying mark or packaging on the Goods; and keep them insured against all risks for their full price from the date of delivery but the Customer may resell or use the Goods in the ordinary course of its business.

The Customer

The Customer is deemed to be in default immediately upon the happening of any of the following events: if any payment owing to LeiHuo llc is not made promptly on or before the due date for payment; or if the Customer ceases to carry on business or stops or suspends payment of its debts or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to LeiHuo llc is dishonoured. In the event of a default by the Customer, then without prejudice to any other rights which LeiHuo llc may have at law or under this contract; or LeiHuo llc may recover and resell the Goods.

Personal Property Securities Act 2009 (“PPSA”)

You acknowledge that these Sale Terms (which incorporate these Additional B2B Terms) shall be deemed to constitute a “security agreement” for the purposes of the PPSA, and you agree that LeiHuo llc takes and you hereby grant to LeiHuo llc: (a) a purchase money security interest in all products previously supplied to you by us (if any) and in all products that will be supplied in the future to you by us, failing which we take a security interest in such products; and (b) a general security interest in all of your present and after acquired property as security for payment of all amounts that you owe or may at any time owe to us under these Sale Terms.

You undertake to do all such things, including sign any further documents, necessary to enable LeiHuo llc to perfect its security interest and acknowledge that we may register a security interest on the Personal Property Securities Register (PPSR).

This security agreement is a continuing security and will operate irrespective of any intervening payment or settlement of account until we have signed a release.

To the extent permissible by law, you waive your rights under the PPSA, including the rights provided for under 95, 118, 121(4), 130, 132(3)(d), 132(4), 135, 142, 143 and 157 of the PPSA.

Change of ownership

You agree to give us at least seven (7) days’ written notice prior to: (a) any change of your ownership (whether by asset sale, equity sale, or otherwise), or other change of control of your business; (b) any change of directorships in the case of a corporate customer, which brings about a change in effective control; or (c) any other change whatsoever affecting a Contract; and you agree to indemnify us against any loss or damage incurred by us as a result of your failure to notify us of any such change in accordance with this clause.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and LeiHuo llc as a result of these Sale Terms. You agree that you may not and will not hold yourself out as a representative, agent, or employee of LeiHuo llc, and we shall not be liable for any representation, act, or omission on your part.

Promotions
We will from time to time promote specials and sales on the Site. We often notify our customers in advance of all promotions through EDMs and social media, so we encourage you to sign up and follow us on social media so you do not miss out on promotions.

You can sign up to receive news about our promotions here.

Current Promotions

10% discount on signup

This offer is available for new subscribers to our newsletter. Discount applies to a customer’s first order placed through leihuo1883.com as a one-time offer only, using the code provided by email on signup. This offer does not apply to Gift Cards, wholesale or branded orders, and is not to be used in conjunction with other offers. Shipping charges apply if the free freight threshold is not met.

This Privacy Policy (this “Privacy Policy”) applies to all personal information collected by LeiHuo llc Pty Ltd, an Australian Private Company, ACN 079 542 813, and LeiHuo llc Ltd., a Delaware corporation (collectively, “LeiHuo llc” / “We” / “Us” / “Our”), whether via our website www.leihuo1883.com, www.leihuo1883.com, or any other localised domains, websites, mobile sites, applications, social media accounts, or profiles owned or operated by LeiHuo llc (collectively, our “Site”) or by any other means. We respect the privacy of our customers and online visitors to our Site and recognise the importance of protecting any personal information we need to collect.

Your privacy is very important to us, and we suggest you carefully read this Privacy Policy in its entirety as it describes the practices we employ to manage and safeguard the personal information you provide to us.

By visiting our Site, or placing an order for products, you are accepting and consenting to the practices described in this Privacy Policy. However, if you do not provide the information we require, we may not be able to provide products or services to you.

Children’s Online Privacy Protection:

We do not intentionally collect personally identifiable information about children under the age of 13 and assume all user accounts are opened by adults. If you are under the age of majority in your applicable jurisdiction (but at least 13 years of age) you may use our Site only under the supervision of a parent or legal guardian who agrees to be bound by our Website Terms of Use & Service and our General Terms & Conditions of Sale (collectively, the “Terms and Conditions”). Children under the age of 13 may not use our Site, and parents or legal guardians may not agree to the Terms and Conditions on their behalf. If you do not agree to (or cannot comply with) any of the Terms and Conditions, please do not use our Site.

This Privacy Policy does not apply to any information you provide to a third party, whether or not that third party requires the personal information in connection with our products and services, or our Site.

Definitions

In this Privacy Policy, unless a contrary intention appears:

“personal information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or material is recorded in a material form or not;

“you” / “your” means a user of our Site or our products and services.

Information we collect

We may collect several types of information from you including:

your name, email address, phone number(s), home address, shipping and credit/debit card billing address(es);
payment and transaction information;
details of your communications and interactions with us;
information regarding your use of the Site (see further below); and
any other information you may provide to us from time to time.
How and when do we collect information?

We may collect information from you when you:

register on our Site for an online account or otherwise contact us to obtain information relating to us or our products or services;
place an order for products;
update the ‘Your Online Account’, ‘Your Address Book’ or ‘Your Order Details’ section of our Site;
communicate with us by phone, email or otherwise, complete a questionnaire or inquiry form;
subscribe to our mailing list; and/or
interact with our Site.
Information from other sources

We receive information from third parties we use in providing services to you from time to time (including delivery and address information from our carriers, and account and credit history information from credit reporting agencies and other providers we use to process payments).

We may also obtain additional information from any authentication or identity checks we run. These checks ensure that your payment is genuine and protect both you and LeiHuo llc from fraudulent activity.

From time to time LeiHuo llc may also employ third party business partners to collect personal information on LeiHuo llc’s behalf. In such cases, these third parties will be subject to confidentiality agreements and instructed by LeiHuo llc to comply fully with this Privacy Policy.

IP addresses, cookies and web beacons

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration, to improve the structure and content of our Site and to report aggregate information to our advertisers and third party affiliates. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For these reasons we reserve the right to use cookies as an anonymous method of recording your usage of our Site and would ask that if you do not wish to have cookies recorded on your machine, you amend the settings on your browser to prevent them from being created. The “Help” section in your browser should provide you with the necessary information to adjust your settings and control the creation and storage of cookies on your hard drive.

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are.

A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value (usually a randomly generated unique number).

Two types of cookies are used by us on our site:

Session Cookies, which are temporary cookies that remain in the cookie file of your browser until you leave our Site; and

Persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.

Session Cookies allow you to carry information across pages of our site and avoid having to re-enter information and to allow you to access stored information. Persistent Cookies help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same advertisements repeatedly.

If you alter your browser settings to refuse our cookies, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Please note that our advertisers and our third party affiliates may also use cookies, over which we have no control.

Our Site may contain electronic images known as web beacons, which allow us to count users who have visited those pages and deliver co-branded services. Web beacons are not used to access your personally identifiable information on our Site. They are a technique to compile aggregated statistics about our Site’s usage. Web beacons collect only a limited set of information, including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

To opt out of being tracked by Google Analytics across all websites visit the following site: http://tools.google.com/dlpage/gaoptout

Why do we collect this information?

We collect this information to:

provide products and services to you and process transactions;
respond to your enquiries, concerns or feedback;
handle orders, deliver items and process payments;
communicate with you about orders, products, services and promotional offers;
update our records and maintain any online account you may have with us;
prevent or detect fraud or abuses of our Site;
enhance and improve our Site to personalise and create a better overall experience for you;
support our business functions;
carry out our obligations and enforce our rights in relation to any agreements between you and us in relation to our Site or our products and services;
conduct market research, reporting, analysis and modelling so as to improve the products and services we provide; and/or
enable third parties to carry out technical, logistical or other functions on our behalf.
We may also collect, hold, use and disclose personal information for other purposes which will be explained at the time of collection, or which are required or authorised by law and for any other purpose with your consent.

If you have consented, we will send you relevant offers and news about our products and services. We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by LeiHuo llc.

At all times, we will offer you the opportunity to unsubscribe from any service or update to which you have subscribed. Any email we send you will contain an easy automated unsubscribe link so that you can opt out.

When do we share your personal information?

Any of the information we collect from you may be disclosed to:

Our directors, officers and employees.
Third party service providers or contractors to perform functions on our behalf including fulfilling orders, delivering packages, sending customer communications, analysing data, processing credit/debit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Other companies and organisations where it is necessary to prevent fraud or reduce credit risk.
Approved technology services or data storage providers.
Regulatory or government organisations to comply with applicable laws or to protect our rights.
A purchaser of our business;
In any other unforeseen circumstances, you will receive notice when information about you might be disclosed to third parties and you will have an opportunity to choose not to share your information (unless the disclosure is required to comply with the law, enforce our policies, or protect our or others’ rights, property or safety).

Where we store your personal data

The data that we collect from you may be transferred to, and stored electronically at, a location within or outside Australia. It may also be processed by staff operating outside Australia who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the provision of support and administration services. By submitting your personal data, you agree to these transfer, storing, and processing practices. These agents have access to the personal information required in order to perform their functions but may not use it for any other purpose and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

How do we keep your information secure?

We employ security measures to prevent unauthorized access to information that we collect online. We use a secure online order form for all purchases made via our Site. All data transmitted via this form (including credit/debit card details) is 128bit encrypted so it is transmitted securely. To verify this, when placing an order using our Site, a padlock will appear in your browser. It is normally in the status bar, towards the right-hand side, at the bottom of your browser window. You can double click this padlock to verify that the secure certificate has been issued to our Site.

Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly, please do not send any sensitive information such as credit/debit card details or passwords via email.

We use computer safeguards such as firewalls and data encryption, and we enforce physical access controls to our buildings and files to keep this data safe. We only authorise access to employees who need it to carry out their responsibilities.

We protect the security of your information while it is being transmitted by encrypting it using Secure Sockets Layer (SSL).

We enforce physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal data. We may occasionally ask you for proof of identity before we share your personal data with you.

Security

The security of your personal information is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use best available means to protect your personal information, we cannot guarantee its absolute security.

Accessing and correcting your information

We try to ensure that all information we collect, use, maintain or disclose about you is accurate, current, and complete. We rely on you to promptly notify us of any changes to your personal information.

Upon request, we will provide you with access to personal information we hold about you related to your use of our Site, products, and services. You can submit your request by contacting us. You can request us to make changes to, update, correct or delete your information at any time by providing such request in writing.

Your consent

By using our Site, you consent to this Privacy Policy. The terms of this Privacy Policy apply to all information you share and/or have shared with us. If you would like to opt-out of the sharing of your information as described in this Privacy Policy, please contact us to do so. You may also opt-out or unsubscribe from communications we send to you. We will honor such requests as soon as possible after we receive them. However, please provide time for us to process such requests.

Revisions to this Privacy Policy

We reserve the right to revise this Privacy Policy or any part of it from time to time, and to publish changes without notice. Please review this Privacy Policy periodically for changes.

Unless stated otherwise, our most recent version of this Privacy Policy applies from time to time to all personal information that we have collected about you.

This Privacy Policy was last updated on February 12, 2020.

Your California Privacy rights

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes. Except with respect to the limited exceptions described above, we do not share your personal information with any third parties for direct marketing purposes.

If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to us with a preference on how our response to your request should be sent (email or postal mail).

California Do Not Track Notice Disclosures

We do not track our users and visitors over time and across third party websites to provide targeted advertising. Consequently, we do not respond to Do Not Track (DNT) signals. Other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.

How to contact us if you have complaints or queries

If you believe that we have breached this Privacy Policy or if you have any questions or concerns about this Privacy Policy or how we use your personal information, you may contact us by email leihuo1883@gmail.com or via our other contact details.

We may require you to submit a complaint in writing and provide further details regarding the circumstances of the complaint. We will deal with the complaint fairly and in a timely manner, having regard to the nature to the complaint. If the matter is more complex and we anticipate that the investigation will take longer than anticipated, we will notify you and keep you informed of the progress of the investigation.

If you are not satisfied with the result of your complaint to us, you can refer your complaint to the Office of the Australian Information Commissioner:

Address: 30 N GOULD ST STE N,SHERIDAN, WY 82801
Phone: +86 15262141883
Email: leihuo1883@gmail.com
Website: https://wxplugin.com

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