Terms of service

OVERVIEW

Welcome to Guangna! The terms 'we', 'us' and 'our' refer to Guangna. Guangna operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the 'Services'). Guangna is powered by Shopify, enabling us to provide the Services to you.

The following general terms and conditions, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and cover topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of total legal age according to the legislation in the state or province where you reside and that you have given us permission to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you possess all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS

We strive to provide the most accurate description possible of our products and services in our webshops. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the representation or description in our webshop.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS AND RIGHT OF WITHDRAWAL

When you place an order, you are making an offer to purchase. Guangna reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once Guangna has confirmed it. We must receive and process your payment before your order is accepted.

Please check your order carefully before submitting it. Guangna may not be able to honor a cancellation request after your order has been accepted. In the event that we do not accept an order, modify it, or cancel it, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided during the ordering process.

You may return or exchange purchases solely in accordance with our Refund Policy. You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

As a consumer, you have the right to cancel your order within 14 days without giving any reason (right of withdrawal). More information about the conditions and how to exercise this right can be found in our Refund Policy.

ARTICLE 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, which will be stated in the confirmation email you receive after ordering. Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import duties.

Prices displayed in our webshops may differ from prices in physical stores, or in webshops or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  • (i) the credit card information you provide is true, correct, and complete;

  • (ii) you are authorized to use the credit card for the purchase;

  • (iii) your expenditures will be honored by your credit card company; and

  • (iv) you will pay the charges incurred by you at the posted prices, including shipping costs, handling fees, and all applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss transfer to you.

If a shipment cannot be delivered due to actions or omissions of the buyer (including, but not limited to: providing an incorrect address, failing to pick up the package from a service point within the specified timeframe, or refusing the delivery at the door), the package will be returned to our warehouse. The return costs of € 5.24 charged by the carrier (DPD) will, in this case, be borne by the buyer and will be deducted from the purchase amount to be refunded.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Guangna, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States, the Netherlands, and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Guangna, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted in these Terms are reserved by Guangna.

Guangna's names, logos, product names, service names, design elements, and slogans are trademarks of Guangna or its affiliates or licensors. You may not use such trademarks without the prior written consent of Guangna. Shopify's name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

 

You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of goods, services, resources, or content made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

Guangna utilizes Shopify to enable us to provide the Services to you. However, all sales and purchases made in our store are handled directly with Guangna.

By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Guangna, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Guangna.

ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read the applicable Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to deliver and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, to provide services to you. Please read our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, 'Feedback'), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that:

  • (i) you own all Feedback or have all necessary rights to all Feedback;

  • (ii) you have disclosed all compensation or incentives you received in connection with your submission of Feedback; and

  • (iii) your Feedback complies with these Terms.

We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

 

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information. We may also cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not, either directly or indirectly, access or use the Services:

  • (a) for any unlawful or harmful activities;

  • (b) to violate any international, national, federal, or provincial regulations, rules, laws, or local ordinances;

  • (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other persons;

  • (e) to submit false or misleading information;

  • (f) to knowingly transmit, receive, upload, download, use, or re-use any material that does not comply with these Terms;

  • (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation;

  • (h) to impersonate or attempt to impersonate any other person or entity; or

  • (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Guangna, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;

  • (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;

  • (c) collect or track the personal information of others;

  • (d) spam, phish, pharm, pretext, spider, crawl, or scrape; and

  • (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine you have violated any provisions of these Terms.

ARTICLE 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles shall survive any termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.

 

EXCEPT AS EXPRESSLY STATED BY GUANGNA, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUANGNA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

 

THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Guangna, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party due to or arising out of:

  • (1) your breach of these Terms of Service or the documents they incorporate by reference;

  • (2) your violation of any law or the rights of a third party; or

  • (3) your access to and use of the Services.

We will notify you of any claim entitling us to indemnification, provided that failure to deliver timely notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defense and settlement of such claim at your expense, including hiring counsel, but we will not settle claims involving non-monetary obligations required of you without your consent (which shall not be unreasonably withheld). You are required to cooperate in the defense of any claims entitling us to indemnification, including providing relevant documents.

ARTICLE 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to anyone else without our prior written consent, and any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or relating to these terms shall be submitted exclusively to the competent court in the judicial district of Midden-Nederland.

ARTICLE 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

 

We will send you a notice regarding material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at service@guangna.eu. Our contact details are provided below:

  • Trade Name: Guangna.eu

  • Email Address: info@guangna.eu

  • Address: Tabaksland 15, 3931 RS Woudenberg, The Netherlands (Not a visiting or return address!)

  • Owner / General Manager: Vincent Van Staalduinen

  • KVK Number (CCI): 90598938

  • VAT Number: NL004833769B70