Terms and Conditions
PRICE MATCHING
This site does not currently support Price Matching. If you find a better price at another online store we will do our best to beat it.PRODUCT DESCRIPTIONS
The Company attempts to be as accurate as possible in describing products. However, the Company does not warrant that product descriptions or other content on this site are accurate, complete, reliable, current, or error-free. If a product purchased on this site is not substantially as described, your sole remedy is to return it within 24 hours of purchase for a full refund.PRIVACY
Please review our PRIVACY POLICY, the provisions of which are incorporated in these Terms and Conditions by this reference. By using this site, you acknowledge that you have read this Privacy Policy and you consent to the practices described therein with respect to the Company's collection, use and disclosure of any personal information provided by you to the Company.COPYRIGHT COMPLAINTS
The Company respects the intellectual property rights of others. If you believe that your property appears on this site in a manner that constitutes infringement of your copyright, please contact our legal department (boyaavietnam@outlook.com).LICENSE AND SITE ACCESS
The Company grants you a limited license to access this site and to purchase the products and use the services offered through this site for personal use only. This license does not permit the following, all of which are strictly prohibited without the prior written consent of the Company: downloading (other than page caching), modifying, reproducing, duplicating, copying, or any derivative use of this site or its contents; any collection or use of any product listings, descriptions, or prices; any use of data mining, robots, or similar data gathering and extraction devices; using or framing any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company; using meta tags or any other "hidden text" utilizing the Company's name or trademarks; or any exploitation of this site or its contents for any commercial purpose.FRAUDULENT ACTIVITY
You agree to cooperate fully with the Company in any investigation by the Company or its agents regarding fraudulent or improper activity in connection with the use of this site, including, but not limited to, fraudulent chargebacks and false claims regarding non-receipt of products.THIRD-PARTY SITES
This site may also include links and pointers to Internet sites maintained by third parties. The Company does not operate or control any information, products or services appearing on or offered through these third-party sites, is not responsible for examining or evaluating these third-party sites, and does not assume any responsibility or liability for any actions, products, or content related to these third-party sites. The Company is not affiliated with any publisher or developer of any game, including without limitation, Boyaa InteractiveREVIEWS, COMMENTS AND OTHER CONTENT
Visitors to this site may post reviews, comments, and other content, so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights of or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content.The Company reserves the right to remove or edit such content, but does not regularly review posted content. If you post content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own all of the rights to such content; that such content is accurate; that use of such content does not infringe on the rights of, or cause injury to, any person or entity; and that you indemnify the Company for all claims resulting from such content. The Company has the right but not the obligation to monitor, edit or remove any activity or content on this site. The Company takes no responsibility and assumes no liability for any content posted on this site by you or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ITS CONTENTS, AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND TRANSFERABILITY. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.INDEMNIFICATION
You agree to indemnify and hold the Company and its officers, directors, agents, and employees, harmless from any claims, demands, losses or costs, including reasonable attorneys' fees, due to or arising out of your use of this site, your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.GOVERNING LAW AND JURISDICITION
These Terms and Conditions and your agreement to be bound hereby are governed by the laws of the State of California, USA, without regard to its conflicts of law rules. In the event of any dispute relating in any way to these Terms and Conditions or your use of this site, you consent to the personal jurisdiction of the state and federal courts located in Los Angeles, California, USA. The prevailing party in any legal proceeding relating to these Terms and Conditions or your use of this site shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.NOTICES
You consent to receive notices from us by e-mail, by mail at the addresses included in the contact information you provide to the Company, or by posting notices on this site. Notices posted on this site shall be considered received 24 hours after posting. Notices sent by e-mail shall be considered received immediately upon sending, unless the Company receives notice that the e-mail was not delivered. Notices sent by mail shall be considered received 3 business days after mailing.WAIVER
The failure of the Company to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Company's right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.REMEDIES
You acknowledge that violation of these Terms and Conditions could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that the Company shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms and Conditions without the filing or posting of any bond or surety.
SEVERABILITY
If any term or provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such term or provision shall be deemed modified to the extent necessary to make it valid and enforceable. If such term or provision cannot be so modified, then the same shall be deemed stricken herefrom, and shall not affect the validity or enforceability of the remainder of these Terms and Conditions.ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and the Company regarding the subject matter hereof.
The
following terms and conditions govern all qualifications of prices of
www.boyaavietnam.com products, services and materials, whether made pursuant
to Internet, oral or written orders.
1. TERMS AND CONDITIONS
TO GOVERN - These terms and conditions represent the final and complete
agreement of the parties and no terms or conditions in any way modifying
or changing the provisions stated herein shall be binding upon www.boyaavietnam.com unless made in writing and signed and approved by an
officer or other authorized person at www.boyaavietnam.com . No modification
of any of these terms shall be modified by www.boyaavietnam.com 's shipment
of goods following receipt of Buyers purchase order, shipping request
or similar forms containing printed terms and conditions additional to
or in conflict with the terms herein. If any term, clause or provision
is declared to held invalid by a court of competent jurisdiction, such
declaration or holding shall not affect the validity of any other term,
clause or provision herein contained.
2. ACCEPTANCE OF
ORDERS - All orders are subject to written price verification by
authorized www.boyaavietnam.com personnel unless designated in writing to be
firm for a specified period of time. Shipment of goods without written
price verification does not constitute acceptance of the price contained
in the order.
3. SUBSTITUTION - www.boyaavietnam.com
reserves the right, without prior notification, to substitute an
alternative product of like kind, quality and function. If the Buyer
will not accept a substitute, the Buyer must specifically declare that
no substitution is allowed when the buyer requests a quote, if such
request for quote is made, or, if no request for quote was made, when
placing an order with the www.boyaavietnam.com .
4. PRICE - Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of www.boyaavietnam.com . A price designated as firm for a specific period may be revoked bywww.boyaavietnam.com if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by www.boyaavietnam.com . All prices and deliveries are F.O.B. shipping point. www.boyaavietnam.com reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
5. TRANSPORTATION - Unless otherwise provided, www.boyaavietnam.com shall use its judgment in determining carrier and routing. In either case, www.boyaavietnam.com shall not be liable for any delays or excessive transportation charges resulting from its selection.
6. PACKING - Unless otherwise
provided, www.boyaavietnam.com will comply only with its minimum packing
standards for the method of transportation selected. The cost of all
special packing, loading or bracing requested by Buyer will be paid for
by Buyer. All cost of packing and shipment for Buyer's special equipment
shall be paid for by Buyer.
7. PAYMENT TERMS -
Payment terms are 1/2% 10, Net 30, with a carrying charge of 1-1/2% per
month for payments received after 30 days. The discount applies only to
the invoiced value of the material (not to taxes or freight charges). www.boyaavietnam.com reserves the right to require advance payment or
satisfactory security for the goods if the financial condition of Buyer
so warrants as determined by www.boyaavietnam.com . If Buyer fails to make
payment in accordance with terms of this agreement or any collateral
agreement, or fails to comply with any provisions hereof, www.boyaavietnam.com may, at its option (and in addition to other remedies),
cancel any unshipped portion of this order. Buyer is to remain liable
for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT
LICENSES - Prices do not include taxes. Taxes are paid by Buyer upon
invoice from www.boyaavietnam.com unless Buyer provides a valid exemption
certificate acceptable to the taxing authority or unless www.boyaavietnam.com is forbidden by law from collection of said taxes from
Buyer. Import or export licenses are to be secured by Buyer.
9.
TITLE AND RISK OF LOSS - Delivery to carrier shall constitute delivery
to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any
claim of Buyer relative to damage during shipping or delivery should be
made directly to the carrier. Any claims by Buyer againstwww.boyaavietnam.com for shortage or damage occurring prior to such delivery
to carrier must be made within five (5) days after receipt of the goods
and accompanied by original transportation bill signed by carrier
noting that carrier received the goods from www.boyaavietnam.com in the
condition claimed. Notwithstanding passage of the risk of loss to Buyer,
title and right of possession to the goods sold hereunder shall remain
with www.boyaavietnam.com until all payments hereunder, including deterred
payments evidenced by notes or otherwise, Interest, carrying charges,
and attorneys' fees, shall have been made in cash, and Buyer agrees to
do all acts necessary to perfect and maintain such right and title in
www.boyaavietnam.com.
10. RETURN OF PRODUCTS - Goods
cannot be returned, and orders once accepted by www.boyaavietnam.com can not
be canceled, except upon the written approval of www.boyaavietnam.com . Cut
to size items and special orders may not be returned unless it has been
determined to be provided in error by www.boyaavietnam.com . Customers
returning goods are responsible for freight charges, and shall be
assessed a restocking fee of $100 or 20% of the order, whichever is
greater.
11. FORCE MAJEURE - www.boyaavietnam.com shall
not be liable for failure to perform its obligations resulting directly
or indirectly from or contributed to by acts of God; acts of Buyer,
civil or military authority, including wage and price controls; fires;
war; riot; delays in transportation; lack of or inability to obtain raw
materials (including energy sources), components, labor, fuel or
supplies; or other circumstances beyond www.boyaavietnam.com 's reasonable
control, whether similar or dissimilar to the foregoing. If certain
quantities are affected and other quantities are not, the quantities
affected shall be eliminated without liability, but the agreement shall
remain unaffected. www.boyaavietnam.com may during any period of shortage
due to any of said causes, allocate its supply of such raw materials
among its various users thereof in any manner which www.boyaavietnam.com
deems fair and reasonable. In no event shall www.boyaavietnam.com be liable
for special or consequential damages for any delay for any cause.
12.
REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings
shall be brought for the recovery of the purchase price, or any unpaid
balance, or the breach by Buyer of any term herein contained, Buyer
shall pay to www.boyaavietnam.com , in addition to any damages proved by
law, reasonable attorney's fees and costs of collection.
13.
LIABILITY - www.boyaavietnam.com shall not be responsible, obligated, or
liable for any injury or damage resulting from an application or use of
its products, either singularly or in combination with other products,
arising out of acceptance of this order. www.boyaavietnam.com shall have no
liability for errors in weight or quantity delivered unless claim is
made by Buyer within five (5) days after receipt of shipment and
accompanied by original transportation bill signed by carrier noting
that carrier received the goods from www.boyaavietnam.com in the condition
claimed. If such timely claim is made by Buyer, and the claim is deemded
valid by www.boyaavietnam.com , www.boyaavietnam.com may fulfill its
responsibility by either shipping the quantity necessary to make good
the deficiency, or at www.boyaavietnam.com 's option, crediting Buyer with
the invoice price of the deficiency.
14. WARRANTY -
All goods sold by www.boyaavietnam.com are warranted to Buyer to be free
from defects in material and workmanship, and manufactured in accordance
with industry standards. The foregoing warranty is nonassignable and in
lieu of and excludes all other warranties not expressly set forth
herein, whether express or implied by operation of law or otherwise
including but not limited to any implied warranties of merchantability
or fitness. No agent, employee, or representative of www.boyaavietnam.com
has any authority to bind www.boyaavietnam.com to any representation,
affirmation, or warranty concerning the goods and any such
representation, affirmation, or warranty shall not be deemed to have
become a part of the basis of this agreement and shall be unenforceable.
Any claimed defect in material or workmanship shall be deemed waived by
Buyer unless submitted to www.boyaavietnam.com in writing within five (5)
days from the date the goods are received by Buyer.
www.boyaavietnam.com shall not be liable under the foregoing warranty if any loss or damage
is caused by improper application or use of the goods. www.boyaavietnam.com
disclaims all liability with respect to the design of the goods and
makes no warranty with respect to such design. This warranty is in lieu
of and excludes all other warranties, whether express, implied, or
statutory, including implied warranties of merchantability or fitness.
15.
REMEDIES AND LIMITATION OF LIABILITY - www.boyaavietnam.com shall not be
liable for incidental or consequential losses, damages, or expenses
arising directly or indirectly from the sale, handling or use of the
goods, or from any other cause relating thereto. www.boyaavietnam.com 's
liability, in any case, including for claims of breaches of warranty or
negligence is exclusively limited, at www.boyaavietnam.com 's option, to the
replacement of goods not complying with this agreement, the repayment
of, or crediting Buyer with, an amount equal to the purchase price of
such goods, or repairing or arranging for repair of the goods. If www.boyaavietnam.com requests the return of the goods, the goods will be
redelivered to www.boyaavietnam.com in accordance with www.boyaavietnam.com 's
instructions. The remedies contained in this paragraph constitute the
sole recourse of Buyer against www.boyaavietnam.com for breach of any of www.boyaavietnam.com 's obligations, whether of warranty or otherwise. As
long as www.boyaavietnam.com makes a good faith effort to rectify any
breach, the remedies provided for herein shall be deemed satisfied.
16.
SELECTION - Buyer represents that the goods sold hereunder are fit for
their actual or intended use and that Buyer placed no reliance on www.boyaavietnam.com 's skill or judgment in selecting suitable goods or
materials or in the design of suitable goods and materials. Buyer
represents that the use and installation of the goods shall be made in
compliance with all applicable government requirements. Buyer will
defend, indemnify and hold harmless www.boyaavietnam.com , its successors,
assigns and subsidiaries from and against all costs (including
attorney's fees), damages and liabilities resulting from actual or
alleged claims asserted or any penalties proposed or assessed www.boyaavietnam.com for any alleged violation of any federal, slate or
local law, rule, regulation or standard, by reason of or in connection
with any use of the goods delivered hereunder.
17.
CHOICE OF LAW - This agreement and matters connected with the
performance thereof shall be construed in accordance with, and governed
by, the law of the State of Florida as if it were executed and performed
entirely within the State of Florida. Further, it shall be construed to
be between merchants.
18. GENERAL - www.boyaavietnam.com
specifically represents that any goods to be delivered hereunder will be
produced in compliance with the requirements of the Fair Labor Standard
Act of 1939, as amended
Contact Us
- Email: boyaavietnam@outlook.com
