Teafolks, Inc. (hereinafter referred to as «the Company») is providing (The website: https://teafolks.co/ hereinafter referred to as «the Platform») services (hereinafter referred to as «the Service») under the present Service Articles
The present Service Articles for Users covers System Use Instructions and the right, obligations and regulations in the operations among Purchaser (hereinafter referred to as the Buyer), Vendor (hereinafter referred to as the Seller and the Platform), Expert.
When you enter your signature in this Service Articles and utilize the Services in the later date it shall mean that you have perused, understood and agreed to all the contents in this Service Articles and the Service Articles shall be regarded as integral part of contract between you and the Company. You may withdraw your consent from time to time. Should you be breaching any of the Service Articles, the Company may suspend or terminate the provision of the Services as provided under related rules and regulation from time to time.
The Company has the rights to amend or change the content of the Service Articles or suspend or terminate the service at any time without any notice. Once the Service Articles is changed, the Company will make public of the content of amendment in the web pages of this Platform, and you are advised to pay attention to the amendment or change. Once the Service Articles as amended is made public in the web pages of the Platform, it is validly and effectively replacing previous Service Articles or Agreement with you, and your continuing the use of the service after such amendment of change of the Service Articles shall be deemed as you have perused, understood and agreed to accept the amendment or change. If there is material change in the part related to personal information in this Service Articles, we will provide more prominent notice. [Such as some of the services will be noticed of policy change in the form of e-mail].
If you are a person who has no capacity or a person who is limited in capacity, before utilizing this Services, your guardian shall be asked to peruse, understand and agree to the content of the Service Articles and subsequent amendment / change before utilizing or continue the utilization of the Services. When you use or continue the use of the Service, it shall be construed that your guardian has perused, understood and agreed to accept all the content and the subsequent amendment and change of the Service Articles.
In case you are not agreeing to the content of the Service Articles and / or disagree, the Company may amend it from time to time; and if the country or territory you are located excludes part or all the contents of the Service Articles, you are politely requested to cease the utilization of the Services.
Once you register in or use of the services of the Platform, it shall be deemed as full understanding and acceptance of the Service Articles and you shall be liable for legal responsibility as consequence of any breach of the Service Articles.
Before utilizing the Services, you need to register in the Platform User Account. The role of user is defined as the following
Posting specification and information of tea products on the platform for sale.
Placing purchase product and posting purchase order / inquiry on the platform anonymously
Display the product and offer information of the Seller on web pages for the purchase of the buyer, or push Anonymous inquiry to the Seller and collect offers of sellers for the selection of the Anonymous buyers.
Providing professional and objective product evaluation and appraisal to assist in increasing decision quality of the Buyer to complete the professional B2B Tea Purchasing System of transaction. Through the cooperation of the four major roles, it will help to solve the challenging mechanism of the complicate process of tea purchasing internationally.
After completing account registration, you will be regarded as agreeing the following items.
2.5.1. Joining as member of Buyer: You must be full 20 years old and with full capacity under Civil Code, or a juridical person established under the local law, and you would provide your e-mail address, postal address and telephone number and the information provided are true, correct, valid and complete. You need also to provide your ID Number or business registration number(Tax Code Number or VAT number), tax registration information, company address to become qualified as Member of Buyer.
2.5.2. Joining as member of Seller: You must be full 20 years old and with full capacity under Civil Code, or a juridical person established under the local law, and you would provide your e-mail address, postal address and telephone number and the information provided are true, correct, valid and complete. You need also to provide your ID Number or business registration number(Tax Code Number or VAT number), tax registration information, company address. After passing review of the Company, you will then be qualified as Member of Seller.
*You know and agree that if you provide any incorrect, false, invalid or incomplete information of if you breach any provisions under the Agreement, the Platform may terminate all the service and suspend, terminate or delete your registered account and refuse your use of part or all functions of the Platform again or continuously.
*Under situation of the last Item, the Platform shall not be held responsible and you will bear any and all expenditure or loss so incurred, directly or indirectly.
*If the service becomes unavailable or come up with mistake when providing the service, cancellation of transaction or customer decline to pay resulted from your failure in updating data/information, you will be bearing any and all the consequence and the Platform shall not be held liable.
include but not limited to the following (actual situation shall be governed by the content of services of the Platform)
After receiving shipment, the Buyer confirm and transaction completed.
3.2.1 The Buyer establishes conditions of Purchase Order and posts them to the System.
3.2.2. The System quote international air shipment prices basis the scale of quantity purchased, and the Seller provide Offer Sheet to The Buyer basis the Purchase Order.
3.2.3. The Buyer select suitable sample with the Seller paying sampling courier charges and the Platform assembles samples and deliver to the Buyers.
4.1.1. Placing Purchase Order directly
When you are a Member of the Buyer, you may browse product information and place merchandise into shopping card and complete accounting settling and shopping flows. When the purchase order is established, shipment will be arrange and complete all the transaction flow.
4.1.2. Anonymous Purchase Order
If you are a Buyer Member, you have the right to post Anonymous Purchase order. Anonymous Order is disclosing 8 types of information of products in the purchase order, namely,
When the Purchase Order is put online, the Platform will push this purchase information automatically to sellers with similar products.Seller Member provides custom quotation to the anonymous Buyer Member in actual name based on the conditions of purchase order and items of product on shelf. All the purchase orders are time essential and the purchasing decision of the Buyer must be completed within the time limit.
4.1.3. Criteria for setting Purchase Order All quotations shall be set at USD/KG and in FOB Term (Free On Board,with designated domestic port). Extra international transportation from country of origin to the buyer designated address will be generated by system automatically with corresponding air freight quotation to target purchased quantity. (Please refer to international transportation mechanism.)
4.1.4. Information to be disclosed in Purchase Order If you are a Buyer Member, when posting purchase inquiry, each inquiry will display:
4.1.5.Collection and Payment Policy
When an anonymous purchase order is established, the Platform will generate corresponding air freight charges of the quantity in purchase order from country of origin to the buyer designated location. All transportation of merchandise less than 20 kg will be shipped through EMS system automatically and merchandise in excess of 20 kg will be shipped through ordinary airfreight mechanism subject to the dimensions of the packing. All transactions will be charged by the Platform a system service charge calculated at 10% of dealt price (unit price x quantity purchased).
Dealt price + System Service Charge (10%Dealt price) + Transportation charge
*Note: Potential Import Duty is not included in the above calculation and shall be borne by the buyer. *Under this system, the buyer information will not disclose to any indefinite 3rd party user and will not be made public in the System.
4.1.6. Establishment of Purchase Order A Purchase order is established only when Buyer Member completed final payment and before that, this Platform will not charge you any fee. All the payments are completed through online payment mechanism. Buyer Member may use credit card or Paypal to pay and the Platform will not send you off-line hard copy invoice and you can find the transaction details in the buyer member exclusive User Administered Interface at any time.
*Your credit card will be protected encrypted through Stripe and Teafolks will not save information of your credit card anywhere. If you wish to know how your credit card information is protected, please read service policy of Stripe.
4.1.7. Transportation follow-up All established purchase orders can be followed up of the merchandise transportation progress through User Administered Interface and you can renew email through setting to remind you with the status of latest purchase order.
4.1.8. Policy governing cancelling purchase order and return as well as compensation Buyer can cancel purchase order before final confirmation of purchase order or before affecting international transportation. The Company has the right in determine whether cancel a purchase order and return to the member of seller and the domestic transportation charge of return will be borne by the Company. If the shipment has been arranged, the Platform shall have the right to demand the buyer to bear extra transportation costs as appropriate. If a Buyer Member found the merchandise is different from sample in the appearance and in the taste of the brewed tea, or containing foreign mater, shortage, poor packing or existed with other material defect (condition of uneven products with breaks or branches shall not be regarded as defects) within 7 days after receive the shipment may demand for return and refund and the Company will intervene in investigation and handle. If such is the fault of the Seller, the Company may refund all or part of the merchandise, subject to the conditions of defect and take care or destroy the merchandise. The buyer member agreed that cause of defect shall be finalized with the determination of the Company and will have no protest.
* Transaction Privacy Declaration Except: 1. The type of company organization and, 2. The country you located, any Buyer Member using the purchasing system of the Platform will endure all information of your company and personal information (including name of company, telephone number, address, email, etc) will be kept confidential to all users and only when the Buyer Member complete the selection of products of the Seller and complete transaction and payment, will the final seller member know the actual basic information of member of buyer.
4.2.1. Product on Shelf and Posting Information
If you are a Seller Member, you can post advertisement of tea merchandise in this website at a given quantity free of charge, but the Company may adjust the quantity posted by members as appropriate. The content to be posted by Seller Member may include but not limited to information you wish to provide, time, price, photo, multimedia, limits of services, Q&A and introduction (hereinafter referred to as content posited) Seller Member shall, at time of posting the tea, provide the Company with the product price and quantity formula of tea (which shall include the domestic transportation charge for delivering merchandise to designate collecting center of the Company and plain color packing bag price and for detail, please see Packing and Transportation Policy of the Service Articles . When posting pictures of tea product, other than the brewed tea and tea leave picture of the sample to be put on shelf may be photographed by Photographing Department of the Company in accordance with the Photographing Clause and upload, all others shall be provided and uploaded by the Seller Member to the Platform and the content and the correctness and authenticity shall be irrelevant to the Company.
Seller Member shall post tea product sample and tea product in the website at the same time and shall guarantee that the quality, origin, price and quantity are identical between the sample and product of tea, and the product (including sample) are meeting the content or the designated grade in the advertisement posited in the site, and shall comply with the law and other related international code of the area of selling. In case the product quality liability regulation below is breached, you will bear and be liable for any direct or indirect expenditure or loss and you agree that the Platform may frozen or delete the account registered as appropriate and decline your repeat or further use of part or all the functions of the Platform.
All samples and final products shipped through the site provide complete and updated information on the system to enable buyers to make purchase decision. All the product information are to be updated by Seller Member and in case of shortage resulted in failure of normal shipment, the Site shall not be held liable for.
4.2.2. Regulation for Product Quality Liability Seller member shall guarantee tea merchandise (including sample) quality complies with stipulation of law, the Service Articles and the content of posted advertisement. For example:
4.3.1. Seller Member agrees to provide sample of tea merchandise (100g at least) to the Company for keeping in stock, after providing tea merchandise information, for test of buyer in ordering, and after passing review of the Company, the merchandise may be official on shelf and Seller Member also agrees that the Company may send the sample for food safety inspection audit or appraisal unit for marketing, from time to time.
4.3.2. Seller Member agrees, if other member order tea merchandise less than the stock quantity provided under Service Article, the Company may ship the stock sample firstly.
4.3.3. Seller Member agrees in the case customer requires double check of Inspection Report, another free sample of 100g shall be provided for the Company to assist the inspection / examination.
Through this Site, Seller Member will receive anonymous purchase order for needs of related product. Every purchase order shall have purchase needs disclosed in fixed data format and seller member can provide customs quotation to the purchase order basis own supply capacity freely.
When Seller Member provides quotation, he needs Credit Card Prior Authorization of US$10.00 Service Charge (yet to actual deduction) to validate the quotation. The sum will be collected by the Site only when Buyer Member accepts your quotation and sample. If there is no acceptance of your quotation and sample before the expiration of validation of your quotation, it shall be regarded as your quotation is failed and the Site will release your prior authorization of service charge automatically and there will be no other charge.
Seller Member agrees that the Company may, based on the tea merchandise prices provided by Seller Member, determine the end selling price and the difference before and after shall be applied as service charge of the website and Seller Member shall not dispute. When Buyer Member purchase tea merchandise, the currency and amount see in the web page of this site is the amount calculated on the basis of price set by Seller, converted per applicable exchange rate and added with service charge and 3rd party payment platform charge. (For 3rd party payment platform charge, please take reference of policies of Stripe and Paypal). For the convenience of use, the Service may change the price into different currency based on the needs of buyers and add with service charge and 3rd party payment charge and you agree to the Company collect on behalf after such calculation unilaterally and the value added service charge standards shall be based on the announcement appeared in the Web Site.
In the use of the Platform, when Buyer Member places order directly or accepts offer, selects quantity and complete payment, then the purchase order is established. The Site will remind Seller Member to effect shipment initiatively. For detail please take reference of Transportation Policy. After effecting shipment of seller and check and confirm correct quantity, the Platform will remit the funds into Seller designated account immediately or within 5 days. The actual amount will be based on the price and currency entered and shown in product web pages without collecting additional handling fee. The Site does not guarantee the commission loss in the remittance process; if there is administration charge collected by intermediating bank or remittance loss, the Seller Member shall absorb them. Seller may provide additional quotation in NTD. In the absence of NTD price, it shall be calculated per the current exchange rate of the date of deal (Basically, after establishment of each purchase order, System will automatically generate Seller Product Purchase Order and Requisite Base, however, the Company reserve the right to adjust as appropriate.
Seller Member shall confirm Purchase Order within one working day after establishment of Purchase Order as notified by System of the Platform and deliver the tea merchandise ordered by Member to the designated domestic collecting center within 3 working days, and the packing manner shall be agreed between Platform and the Seller separately. Seller Member shall ensure the stock quantity as posted and guarantee that when the Buyer Member purchase, the merchandise can be shipped to destination as ordered. In the event Seller Member failed to complete affecting shipment within 3 working days after confirmation of purchase order, the appraisal and following interests of the Seller Member will be affected adversely. Failing in following the above, you need to bear any expenditure or loss resulted from this, directly and indirectly. The Platform may also suspend or delete your registered account and refuse your repeated or continuing use of part or all the functions of the Platform. As the Company has subscribed cargo transportation coverage for the entire shipping process of merchandise, so the Seller Member agrees to entrust the Company in the international transportation of the merchandise.
In the event buyer cancel order before confirmation of purchase order or before affecting international transportation, the Company shall have the right to determine whether to cancel this purchase order and return the merchandise to the Seller Member with the Company bearing the domestic transportation cost for the return. In the event customer, after receiving merchandise, found that the merchandise is different from the sample in appearance and the taste of brewed tea, containing foreign matter or shortage, break of packing or other material defect (but merchandise containing breaks or branch of low percentage, which is subjective, shall not be regarded as defect) the Company will intervene and investigate. If it is found of discrepancy of the Seller, Seller Member agrees to authorize the Company to return part of whole of the payment to the customer as appropriate and dispose or destroy the merchandise, and Seller Member agrees the cause of defect shall be as determined per the results of investigation and there shall be no dispute.
Any question or issue of Buyer Member in related to the tea merchandise or services as posted by Seller Member, the Platform may reply and / or resolve on behalf of Seller Member; in case such is out of capacity of the Platform, we may ask Seller Member reply and resolve immediately on the premises that the policies and regulations are not breached. In case third party (including but not limited to members or government bodies) raised any claim against the tea merchandise posted or sold by Seller Member, or service or related matters, (such as consumer dispute after a member purchasing tea merchandise through the Platform, government body is imposing any administrative action or disposal for food safety issue involved or suspected), then Seller Member shall be responsible for handling and bear entire legal responsibility. In case Seller Member neglect to take care of it, t he Company shall have the right (but not obliged) to handle on behalf of Seller Member (such as advance the compensation and claim back from Seller Member after compensating).
*Transaction Privacy Declaration The prices provided to a specific Buyer Member by a Seller Member use the Offer System of this Platform will be disclosed to such specific Buyer Member and the offer bears validity and will disappear automatically when the validity is expired. The Platform will never disclose your offer to a third party, so to maintain the confidentiality of your offer.
*Your credit card will be protected encrypted through Stripe and this Platform will not save information of your credit card anywhere within the system. If you wish to know further about the protection your credit card information enjoyed, please take reference of Stripe Service Policy.
4.10.1. The Company will give Seller Member identity icon like «Special Cooperation». Such Icon indicates that the Seller Member has mutual to benefit agreement with the Company and it does not mean the Company has actually reviewed / scrutinized / audited/ good knowledge over such Seller Member. The Company does not provide any guarantee to the Seller Member.
4.10.2. Taxation and Declaration: You agree to comply with law of the Republic of China and the regulation of the Services and the Company is not obliged to file tax return or other tax affairs for either the Seller or the Buyer.
You guarantee that you will not use the Services for any illegal purpose and / or in any illegal manner and commit to comply with all related law and regulation of the Republic of China and any and all international protocol of internet using, and you guarantee that you will never use the Services in infringing interests of other parties or violating stipulations under law, and in case of such violation, you will be the one liable for the legal responsibility and is irrelevant to the Company, and if the Company is suffered of any loss. We will claim against of the loss and damages (including but not limited to lawyer fee and litigation charges.)
You shall guarantee any of the words, texts, A/V files, Graphics, photos or any other information you uploaded, posted or transmitted in any other manner to the Site (hereinafter referred to as Site Content) is free of violating provisions under law or regulation or infringing right of 3rd party. Should there is things found of violating or infringing nature, you will have to be liable for all related legal responsibility and shall be irrelevant to the Company, and should such be incurring loss to the Company, the Company will demand loss and / or damages against you (including but not limited to lawyer fee and litigation charges.
If you are breaching any of the above commitment, the Company shall be entitled to abstract the content and information of such violation or infringement.
The Company provides the Services with the present functions and present conditions. The Company does not warrant that the Services will certainly meet you expectation and the Company reserve the right of revising all or part of the service functions from time to time.
The Company is entitled to revise or terminate the Services (or any part of it) at any time temporarily or permanently, and with or without notice, you agree that the Company shall not be liable to you or any third party with respect to any revision, suspension or termination of the Services.
The Company does not scrutinize the information uploaded or posted to the website by member of the website nor any other person (including but not limited to pictures, words, multimedia and presentation) and does not provide guarantee the authenticity, reliability or free of mistake of the content or of the transmission process, nor does the Company guarantee the stability of system without interruption. You should confirm the correctness of the information uploaded or posted from time to time by you and take protecting measures such as back up and saving files. The Company does not liable for any loss resulted from using or not using the Services.
You understand the Company does not scrutinize the contents contained in this website in advance and does not impose control on uses of members of the site / service; when using any content of the site, you agree to judge by yourself and will take up all related risk, without relying on the Company. However, the Company has the right to make judgment and remove any content found to be deviating from the Service Articles or the ones offensive. You understand and agree that based on reasonable scope of the following purpose determine it is necessary to save the content of the site or disclose to government agency or judicial / police body or the guardian of minors and maintain it and disclose as appropriate at own discretion.
The transaction completing by utilizing the Services is existing between you and the buyer and the site provides only posting service and assisting the linking of financial flow between the buyers and the sellers and the Company and the site have no legal relationship in the transaction between the buyer and the seller and have not provided any guarantee or consent in the performance of the transactions between buyers and sellers, whether implied or expressed. If you happen to have dispute with your counterpart (seller or buyer), the Company may provide assistance or representing you in the handling and negotiation, however, the attribution of responsibility / liability shall be irrelevant to the Company.
You shall utilize the Services in the manner and flow as established in the Services. If you failed to follow the established manner in operation or breached the provisions under the Services and resulted in inability in completing transaction, obtaining payment or making payment, and the Company shall not be liable for any of them.
Any and all information arising from using the Services (including but not limited to explanation of services, graphic file, A/V file) shall be backed up and saved by you and the Company is not responsible for custody.
At time of routine maintenance, renovation or change of system or function of the website may result in suspension or interruption of the Services and the Company may advise in the manner of announcement or other proper manner before such suspension or interruption and the Company shall not be held responsible for damages or compensation.
Under one or more of the following situation, part or entire services may be suspended or interrupted; however, the Company shall not be held responsible for any direct or indirect damage caused to users:
The intellectual property rights in and with the software or programs used in this Station, all contents on the website, including but not limited to written works, pictures, files, information, data, website structure, website display arrangement and web page design are all owned by us or other right holders, including but not limited to trademark right, patent right, copyright and trade secret, shall not be used, modified, duplicated, broadcasted publicly, rewritten, distributed, published, released publicly, performing reverse engineering, decoding or reverse assembling. If you need to quote or transfer any of the above software, program or website content, you must obtain prior written consent of this site or other right holders. Breaching the above provision, you will be liable for the compensation (including but not limited to litigation charge and lawyer fee).
Members agree that we may use any and all the works and trademarks posted or uploaded to the Platform free of charge within the extent of marketing tea products. Members shall guarantee that contents of all works and trademarks posted or uploaded to the Platform are free of infringing copyright, trademark right or other rights of any third party. Any breach of this provision, such member shall be liable for legal responsibility, civil or criminal. Should we be suffering any loss or damage (including but not limited to lawyer fee, litigation charge and / or settlement) we shall be entitled to demand for damages.
You agree that the terms and conditions of the Agreement and any other agreement, notification or other notice relating to your utilization of the Services account and the services shall be made in electronic form by the Platform, which shall include, e-mail, posting announcement in the this or cooperating Websites or wireless communication device. And you agree the date the aforementioned notice dispatched in electronic form shall be deemed as notice served. If the notice is not reaching you on the dispatching date due to causes including data transmission issues, the Platform shall not be held liable.
The notice dispatched to you may be made per announcement of the site, e-mail or ordinary mail of post office. In case the Service Articles or other items are changed, we will announce on our webpage of the changed content of services. If the content is not involving personal information, it will not given in notice nor announced separately.
The Interpretation, Supplement and Applicability of the Service Articles shall be governed under law of the Republic of China and any litigation arising out of the Service Articles shall be submitted to Taiwan Taipei District Court as the court of first instance to exercise jurisdiction.