1.詮釋
1.1 在本條件中：
“Buyer” means the person who purchases goods on the Platform;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
“Goods”, also known as “product”, means the goods made available for sale on the Platform, including any installment of the goods or any parts for them;
“ANHE JIATE” means ANHE JIATE TRADE LIMITED, a company incorporated in HongKong and having its registered address at UNIT NO.532B ON 5/F，STARHOUSE，NO.3 SALISBURY ROAD，TSIM SHA TSUI HK;
“ANHE JIATE Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
「平台」指 https://www.nxjzlm.com/ 網站；
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third-Party Vendor. ANHE JIATE may also be a “Seller” for selected Goods;
“Services” means the use of any services, information and functions made available by ANHE JIATE at the Platform;
“Third-Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes ANHE JIATE; and “Writing” includes electronic mail and any comparable means of communication.
1.2 本條款中對法規任何規定的任何提述，應解釋為對在相關時間修訂、重新制定或擴展的該規定的提述。
1.3 Any references to “ANHE JIATE” in these Conditions refer to both ANHE JIATE’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third-Party Vendors as Sellers in respect of each and every Contract.
1.4 本條款中的標題僅為方便起見，不應影響任何條款和條件的解釋。
2.合約基礎
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for particular Goods listed for sale on the Platform, be it ANHE JIATE or a Third-Party Vendor, may be stated on the webpage listing such Goods.
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by ANHE JIATE and ANHE JIATE has accepted the same, this shall constitute a Contract entered into directly between the Buyer and ANHE JIATE. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third-Party Vendor and the said Third-Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third-Party Vendor. Where the Contract is entered into directly between the Buyer and a Third-Party Vendor, ANHE JIATE is not a party to the Contract or any other Contract between the Buyer and Third-Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
2.3 平台上提供的與貨物供應相關的任何資訊，包括照片、圖紙、有關交付範圍、外觀、性能、尺寸、重量、作業材料消耗、作業成本的數據或第三方賣家通過聊天系統披露的任何資訊，均不具約束力，僅供參考。在簽訂合同時，買方承認他/她/它不依賴並放棄基於所提供的任何此類陳述或資訊的任何索賠。
2.4 While the Seller endeavours to provide an accurate description of the Goods, neither ANHE JIATE nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued or published by ANHE JIATE on the Platform shall be subject to correction without any liability on the part of ANHE JIATE.
3.訂單與規格
3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to the Sellers’ acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. ANHE JIATE shall be entitled (but not obliged) to process such order without further consent from the Buyer. Nevertheless, the Buyer may request to cancel or amend the order which ANHE JIATE shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.2 Order acceptance and the Contract between the Buyer and Seller will only be concluded upon ANHE JIATE issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, ANHE JIATE shall be entitled to refuse or cancel any order without giving any reasons to the Buyer prior to issuing confirmation of dispatch. ANHE JIATE shall furthermore be entitled to require the Buyer to furnish ANHE JIATE with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from ANHE JIATE and on terms that the Buyer shall indemnify ANHE JIATE in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by ANHE JIATE as a result of the modification or cancellation, as the case may be.
4.價格
4.1 货物的价格应为买方在平台上下单并填写订单时平台上标明的价格。該價格包括任何適用的銷售稅或服務稅、增值稅或買家應支付的類似稅項，但不包括運費。
4.2 In the event that goods have been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which case the Buyer will be notified of such cancellation by way of email or through ANHE JIATE mobile application. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to the Buyer.
5.付款條款
5.1 The Buyer shall be entitled to make payment for the Goods using various payment methods made available on the Platform. When the Buyer places an order on the Platform, actual payment shall be only charged upon the Seller’s acceptance of the Buyer’s order and the formation of a Contract. All payments shall be made to ANHE JIATE, either accepting payment in its own right or as the Seller’s agent (where the Seller is a Third-Party Vendor). The Buyer acknowledges that ANHE JIATE is entitled to collect payments from the Buyer on behalf of Third-Party Vendors.
5.2 The terms and conditions applicable to each type of payment method, as prescribed by ANHE JIATE on the Platform, shall be applicable to the Contract. The payment method may also be subject to the following terms:
5.2.1 信用卡
Credit card payment option is available for all buyers. ANHE JIATE accepts all Visa and MasterCard credit cards that are 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the buyers shall be protected by industry leading encryption standards.
請注意，如果買家使用非香港銀行發行的信用卡，由於外匯匯率的原因，可能會產生額外的費用。
5.2.2 借記卡
ANHE JIATE accepts all Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 線上銀行
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price (including any applicable taxes, fees and shipping costs) for the Goods purchased by the Buyer to a ANHE JIATE account. The transaction must be payable in British pounds. ANHE JIATE, in its sole discretion, may refuse to offer this payment method to any Buyer without notice for any reason.
5.2.4 電子錢包
ANHE JIATE accepts Touch’n Go eWallet, Alipay, Wechat Pay and Alipay HK payment method.
5.3 The Buyer may not claim against the Seller or any of its agents (which may include ANHE JIATE), for any failure, disruption or error in connection with the Buyer’s chosen payment method. ANHE JIATE reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 如果買方未能按照所選付款方式的條款和條件支付任何款項，或付款因任何原因被取消，則在不影響賣方可獲得的任何其他權利或補償的情況下，賣方有權：
5.4.1 取消合同或暫停交付貨物，直至全額付款；和/或、
5.4.2 charge the buyer’s interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5.5 All payments for the purchased Goods must be made to ANHE JIATE using the payment methods made available on the Platform only. ANHE JIATE shall not be held responsible for any losses which may arise from payments made directly to Third-Party Vendors or through payment methods apart from the available payment methods on the Platform.
5.6 All refunds shall be made via the original payment mechanism and to the person who made the payment, except for Cash on Delivery and Payment on Delivery, where refunds will be made to the Buyer’s ANHE JIATE Wallet.
5.7 ANHE JIATE offers no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by ANHE JIATE. All refunds are conditional upon ANHE JIATE’s acceptance of a valid return of the Goods. ANHE JIATE reserves the right to modify the mechanism of processing refunds at any time without notice.
6.交貨/績效
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in his/her/its order. The Buyer is not entitled to choose or require a specific delivery time.
6.2 If the Buyer instructs that the Goods are to be delivered to a collection point (“Collection Point”), the Buyer will receive a notification when the Goods are delivered to the Collection Point. The Buyer shall collect the Goods within 3 working days from the date of such delivery. Failing which, the Contract will be terminated, the Goods will be returned to the Seller, and a refund shall be made to the Buyer.be delivered to a collection point (“Collection Point”), the Buyer will receive a notification when the Goods is delivered to the Collection Point. The Buyer shall collect the Goods from the Collection Point within 3 working days from the date when the Goods is delivered to the Collection Point, failing which, the Contract will be terminated, the Goods will be returned to the Seller and a refund shall be made to the Buyer. Delivery shall be deemed completed once the Goods are recorded by the carrier or Collection Point as delivered. Risk of loss or damage passes to the Buyer at that point. Any failure by the Buyer to collect the Goods within the Collection Point’s holding period shall be at the Buyer’s sole risk and expense.
6.3 Siruolan shall have the right at any time to sub-contract all or any of its obligations for the sale and/or delivery of the Goods to any third party without prior notice to the Buyer.
6.4 Any dates quoted for delivery of the Goods are approximate only and delays may occur. Time of delivery is not of the essence. Siruolan shall not be liable for any delay in delivery or performance, howsoever caused.
6.5 If the Seller fails to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer may, by written notice to Siruolan, require performance within a further specified period, which shall be no less than 14 days. If Siruolan fails to perform within that period, the Buyer shall be entitled to terminate the Contract and claim a refund of payment in respect of the undelivered Goods.
6.6 Where the Goods have been delivered to the Buyer after the Buyer has obtained a refund pursuant to Clause 6.5 above, the Buyer shall immediately notify Siruolan of such delivery. Title to the Goods shall not pass to the Buyer; the Buyer shall hold the Goods as Siruolan’s fiduciary agent and bailee, keep them separate from the Buyer’s own goods, and deliver them up to Siruolan upon demand. In the event of non-compliance, Siruolan reserves the right to take legal action to recover the Goods and to claim damages and all related costs (including legal fees).
6.7 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or the Seller’s fault), then without prejudice to any other right or remedy available to Siruolan, Siruolan may:
6.7.1 sell the Goods at the best price readily obtainable and—after deducting all reasonable storage and selling expenses—account to the Buyer for any excess over the Contract price (provided payment has been cleared in full), or charge the Buyer for any shortfall below the Contract price; or
6.7.2 terminate the Contract and claim damages.
6.8 Tracking and Proof of Delivery. Upon shipment, Siruolan or the Seller shall provide the Buyer with the tracking number (if available) and may rely on the carrier’s tracking records, delivery scan, signature record, or equivalent confirmation as conclusive evidence of delivery to the address or Collection Point specified by the Buyer. The provision of a tracking number (if available) is for the Buyer’s reference only. Depending on carrier processing and system updates, the Buyer may receive the Goods prior to receiving or being able to access the tracking number. Such timing shall not affect the validity of delivery, risk transfer, or Siruolan’s reliance on the carrier’s delivery confirmation as conclusive proof of delivery.”
6.9 Risk and Title. Risk of loss or damage to the Goods shall pass to the Buyer upon delivery to the carrier (or, where applicable, upon placement at the Collection Point). Title to the Goods shall not pass to the Buyer until Siruolan has received full and cleared payment for all sums due under the Contract.
6.10 Partial Deliveries. Siruolan may deliver the Goods in separate instalments, each constituting a separate contract. Delay in or non-delivery of any instalment shall not entitle the Buyer to cancel any other instalment.
6.11 Delivery Restrictions and Compliance. Siruolan reserves the right to refuse, suspend, or cancel delivery to any destination where delivery is restricted or prohibited by law, customs regulations, sanctions, or logistical constraints, or where accurate delivery information is not provided by the Buyer. The Buyer shall be responsible for all import duties, taxes, and customs clearance unless otherwise expressly stated.
6.12 Force Majeure. Siruolan shall not be liable for any delay or failure in delivery or performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, labour disputes, governmental actions, port closures, carrier or network disruptions, or any other force majeure event. In such cases, the delivery timeline shall be extended for a period equal to the duration of the event or Siruolan may cancel the affected order(s) without liability.
6.13 Inspection and Notice of Issues. The Buyer shall promptly inspect the Goods upon receipt. Any visible damage, shortage, or mis-delivery must be notified to Siruolan within 48 hours of delivery (or of collection from a Collection Point), together with reasonable supporting evidence (e.g., photos, packaging labels). Failure to provide timely notice may prejudice the Buyer’s claim and Siruolan’s ability to assist with carrier claims.
7. Return & Refund Policy
8.貨物的風險和財產
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery; or if the Buyer fails to take delivery of the Goods, at the time when ANHE JIATE has tendered delivery of the Goods.
8.2 notwithstanding delivery and passing of the risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until ANHE JIATE has received in cash or payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as ANHE JIATE’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.4 The Buyer agrees with ANHE JIATE that the Buyer shall immediately notify ANHE JIATE of any matter from time to time affecting ANHE JIATE’s title to the Goods and the Buyer shall provide ANHE JIATE with any information relating to the Goods as ANHE JIATE may require from time to time.
8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), ANHE JIATE shall be entitled at any time to demand the Buyer to deliver up the Goods to ANHE JIATE and in the event of non-compliance, ANHE JIATE reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs, including but not limited to legal fees against the Buyer.
8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of ANHE JIATE but if the Buyer does so all moneys owing by the Buyer to ANHE JIATE shall (without prejudice to any other right or remedy of ANHE JIATE) forthwith become due and payable.
8.7 如果根據貨物所在國家/地區的法律，本條款第 8 條中的規定不具效力，則該國家/地區在性質上與所有權保留最接近的法律概念應被視為經必要變通後適用，以實現本條款所表達的基本意圖，且買方應採取一切必要步驟使其生效。
8.8 The Buyer shall indemnify ANHE JIATE against all losses, damages, costs, expenses and legal fees incurred by ANHE JIATE in connection with the assertion and enforcement of ANHE JIATE’s rights under this clause.
9.終止
9.1 The Buyer may terminate the Contract before the Seller dispatches the Goods, by written notice to ANHE JIATE through our Contact Us page at https://www.nxjzlm.com/contact/ If the Goods have already been dispatched, the Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, the Seller or ANHE JIATE acting on theThird-Party Vendor’s behalf, may stop any Goods in transit, suspend further delivery to the Buyer and/or terminate the Contract with immediate effect by notice to the Buyer on or at any time after the occurrence of any of the followingevents:
9.2.1 合約中的貨物因任何原因無法提供；和/或
9.2.2 本合同项下的货物在平台上被错误定价。
10.保證和補償
10.1 除本條件明確規定外，所有其他保證條件或條款，包括成文法或普通法隱含的保證條件或條款，均在法律允許的最大範圍內排除在外。
10.2 Subject to this Clause 10 of these Conditions, ANHE JIATE warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act 1957 and the Consumer Protection Act 1999), ANHE JIATE further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 ANHE JIATE’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to ANHE JIATE.
10.3.2 對貨物的任何描述僅供識別，使用此類描述不構成按描述銷售。
10.3.3 ANHE JIATE binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of ANHE JIATE’s opinion on that behalf. ANHE JIATE is not liable for any such special or particular description which may have been provided by Third-Party Vendors through the chat system. ANHE JIATE does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 ANHE JIATE shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of ANHE JIATE, addition and insertion of parts, in particular of spare parts which do not come from ANHE JIATE.
10.3.5 ANHE JIATE shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow ANHE JIATE’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without ANHE JIATE’s approval.
10.3.6 ANHE JIATE is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without ANHE JIATE’s prior written approval and the Buyer shall indemnify ANHE JIATE against each loss, liability and cost arising out of such claims.
10.3.7 ANHE JIATE shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.3.8 ANHE JIATE shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the warranty period.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond withspecification, the Buyer may apply to return the defective and/or damaged Goods to ANHE JIATE or the Seller in exchange for a replacement or a refund in accordance with ANHE JIATE’s Return Policy and Clause 7 of these Conditions above.
10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. ANHE JIATE and the Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon ANHE JIATE’s or the Seller’sacceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once ANHE JIATE or the Seller has acceptedsuch request.
10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, ANHE JIATE may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.
10.7 When ANHE JIATE or the Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods (or parts thereof) shall become property of ANHE JIATE or the Seller.
11.責任
11.1 In no event shall ANHE JIATE be liable for loss of profit or goodwill, loss of production or revenue or any type of specialindirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if ANHE JIATE had been advised by the Buyer of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and ANHE JIATE’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.
11.3 儘管本「條款」中有任何其他規定，賣方對買方或任何其他方就每份合同下的貨物銷售所造成、引起或與之相關的所有損失所承擔的最大累計責任，不得超過買方在該合同下支付給賣方的金額。
11.4 如果多個事件在很大程度上導致相同的損失，則應視為在這些條件下只導致一個索賠。
11.5 No action shall be brought against ANHE JIATE later than 12 months after the date a Buyer became aware of the circumstances giving rise to a claim or the date when he/ she / it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
12.一般
12.1 Neither ANHE JIATE nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond ANHE JIATE’s or the Seller’s reasonable control.
12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to ANHE JIATE, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order, email address provided by the Buyer or through the ANHE JIATE mobile application.
12.3 除非上下文另有規定，國際商會出版的《國際商業條款》中所定義或賦予特定涵義的任何術語或表述，在本條款中應具有相同涵義，但如果《國際商業條款》的規定與本條款有任何衝突，應以後者為準。
12.4 No waiver by ANHE JIATE of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, ANHE JIATE’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect ANHE JIATE’s right later to enforce these Conditions.
12.5 如果本條款的任何規定被任何主管機關裁定為全部或部分非法、無效或不可強制執行，則本條款其他規定的有效性及有關規定的其餘部分不受影響。
12.6 非合約一方（包括任何一方的任何雇員、高級職員、代理、代表或分包商）無權強制執行合約中未經雙方事先書面明確同意而明示或暗示賦予該人利益的任何條款，該同意必須參照本條件第 3.3 條。
12.7 本合約受英國法律管轄。
12.8 (Where a Contract is concluded between the Buyer and a Third-Party Vendor) The Buyer must exhaust all legal avenues against Third-Party Vendor, should any dispute, controversy or claim arise out of or relate to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against ANHE JIATE. Any such actions brought againstANHE JIATE for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC) for the time being in force. The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Director of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by thearbitration tribunal shall be final and binding upon the parties.
12.9 notwithstanding Clause 12.8 above, ANHE JIATE shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.10 ANHE JIATE may, through the Platform or by such other method of notification as ANHE JIATE may designate, vary these conditions, such variation shall take effect on the date ANHE JIATE specifies through the above means. If the Buyer continues to use the Platform after such a date, the Buyer is deemed to have accepted such variation. If the Buyer does not accept the variation, the Buyer must stop access to or using the Platform and terminate these Terms and Conditions of Sale.
12.11 賣方在任何承認、發票或其他文件中的任何排印、文書或其他錯誤或遺漏應予糾正，賣方不承擔任何責任。
12.12 如果本條款以英文以外的任何語言（「外文版本」）執行或翻譯，則以英文版本為準，並優先於外文版本。
12.13 本條款應構成「買方」和「賣方」之間與本條款主題相關的完整協議，並取代和完全取代先前與本條款主題相關的所有諒解、通訊和協議。
12.14 ANHE JIATE reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as ANHE JIATE deems appropriate.
13.預售計劃
13.1 This Clause 13 relates to the Pre-Sale Program offered by ANHE JIATE. In addition to this Clause 13 and these Conditions, any existing rules and terms of the brands offering products under the Pre-Sale Program may apply. In the case of any inconsistency or conflict among this Clause 13, these Conditions, the rules of any brand and/or the Terms of Use, the provisions of this Clause 13 shall prevail over others, followed by the Conditions, the Terms of Use and thereafter the rules of any brand, to the extent of such inconsistency or conflict.
13.2 The Pre-Sale Program shall be made available for the certain Buyers (who are determined by ANHE JIATE at its sole discretion) for a period of time as determined by ANHE JIATE (such period, the “Pre-Sale Period”).
13.3 ANHE JIATE offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. ANHE JIATE shall not be liable, in any case whatsoever, for these instances.
13.4 During the Pre-Sale Period, certain Goods are offered for pre-sale on the Platform. The Buyers may place a pre-sale order for any such Goods through payment of a portion of the pre-sale purchase price (“Pre-Payment”). The Goods offered for pre-sale, the pricing of and the required Pre-Payment amounts for such Goods shall be determined by the Third Party Vendors (if such Goods are sold by the Third Party Vendors) or ANHE JIATE (if such Goods are sold by ANHE JIATE), as the case may be.
13.5 在支付預付款之前，應告知買家在預售期內應為該貨物支付的預付款額、為完成該貨物訂單應支付的餘額（「最終付款」）以及支付最終付款的時間（「最終付款期」）。最終付款期應從預售期的最後日期之後開始。
13.6 如果買方未在最後付款期限內為該等貨物支付最後付款並完成訂單，則預付款不予退還，並將被沒收。
13.7 An order shall only be confirmed and processed for delivery by ANHE JIATE in respect of the Goods available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and the Final Payment Period respectively. Where the Buyer has made a Pre-Payment for any Goods during the Pre-Payment Period but fails to make the Final Payment for such Goods during the Final Payment Period, the order for such Goods shall not be confirmed and ANHE JIATE shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.
13.8 A Buyer shall be entitled to make payment for any Goods offered under the Pre-Sale Program using any of the payment methods prescribed by ANHE JIATE from time to time, save that:
13.8.1 對於通過預售計劃購買的貨品，不得提供貨到付款或貨到付款作為付款方式；且
13.8.2 买方应被要求对每笔预付款和尾款使用相同的付款方式。
13.9 ANHE JIATE reserves the right to cancel and/or refund any Pre-Payment made by a Buyer or any orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such Buyer has breached these Conditions, Terms of Use or for any other reason.
13.10 任何優惠券或優惠券代碼均不得用於購買根據預售計劃提供的任何貨品。