Sources & References
Terms & Conditions
Terms & Conditions
Thank you for registering a Customer Account at the ZenCleanz website(the “Website”), a website operated by Strong Pulses International Co. Ltd.(“Strong Pulses,” “we,” “our” or “us”). The following terms & conditions (“Terms & Conditions”) apply to your Customer Account and also your purchase order (“Purchase Order”) for the product “ZenCleanz” (“Product”) for sale through the Website.
1. Section 1 Definitions
Capitalized words and phrases used in these Terms & Conditions shall have the following meanings:
1.1 “Business Day” shall mean each of Monday, Tuesday, Wednesday, Thursday, and Friday, except when any such day occurs on a statutory holiday observed in Taiwan.
1.2 “Customer” shall mean any Person (1) who purchases Products from Strong Pulses for that Person’s use and not for the resale purpose, and (2) who is not a Retailer.
1.3 “Customer Account” shall mean a member account registered at the Website by a Customer whose registration application has been accepted by Strong Pulses.
1.4 “Defective Product” shall mean a Product that its content does not otherwise match its description.
1.5 “Dispute” shall mean any dispute, claim or controversy against each other related in any way to these Terms & Conditions, or your purchase and use of our Products you purchased from us.
1.6 “Party” shall mean either you or Strong Pulses, as the case may be.
1.7 “Parties” shall mean both you and Strong Pulses, collectively.
1.8 “Person” shall mean any individual, any firm, any association, any partnership, any corporation, any unlimited company, any limited company, any unlimited company with limited liability shareholders, any company limited by shares, or any other forms of legal entity or juridical person.
1.9 “Product” shall mean the product “ZenCleanz” manufactured by Strong Pulses.
1.10 “Product Price” shall mean the price charged for Product(s) by Strong Pulses, which are in euro (€) and do not include (1) shipping or transportation charges unless specifically identified as a separate line item, or (2) sales, use, personal property or other taxes.
1.11 “Purchase Order” shall mean an order you place with us that contains information with respect to a transaction made pursuant to these Terms & Conditions.
1.12 “Retailer” shall mean any Person who purchases Products from Strong Pulses and has been authorized by Strong Pulses to sell Products at retail.
1.13 “Return Policy” shall mean our return policy provided herein.
1.14 “Strong Pulses” shall mean Strong Pulses International Co. Ltd. (http://www.strongpulses.com), a corporation incorporated in accordance with and existing under the laws of Taiwan, and having its principal office at 13F.-2, No. 159, Sec. 1, Xintai 5th Rd., Xizhi Dist., New Taipei City 22175, Taiwan.
1.15 “Taiwan” shall mean Taiwan’s jurisdiction, covering Taiwan, Penghu, Kinmen, Matzu, and other affiliated islands and territorial waters.
1.16 “Terms & Conditions” shall mean these terms and conditions, including but not limited to the recitals set forth in the preamble herein, all terms, conditions, notices, and policies referenced herein, all of which are made an integral part of and will be read as if included within the text of these Terms and Conditions.
1.17 “Third Party” shall mean any Person other than you and Strong Pulses.
1.18 “We,” “our,” and “us” shall mean Strong Pulses International Co. Ltd.
1.19 “Website” shall mean the ZenCleanz website (http://www.zencleanz.com), including our online store the “ZenCleanz Shop.”
1.20 “You” and “your” shall mean a Customer who is not a Retailer.
2. Section 2 Customer Account
2.1 A Customer who desires to purchase Product(s) from us through the Website, and/or to access and use some certain features of the Website, is required to register a Customer Account at the Website.
2.2 If a Customer is a legal entity or organization, we may request the Customer to submit copies of certain documents along with the Customer’s Customer Account registration application. We may request documents proving that the Customer is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization; and/or any document that we consider necessary. The Customer’s failure of submitting copies of requested documents may result in our rejection of the Customer’s application.
2.3 Strong Pulses has full discretion in deciding whether to accept your Customer Account registration application and also reserves the right to reject your application without any explanation.
3. Section 3 Order and Sale of Product
3.1 Only a Purchase Order placed by you and accepted by us shall be binding on the Parties.
3.2 After you place and complete your Purchase Order through the Website, we will send you a receipt-of-order email with the following information acknowledging that your Purchase Order has been received:
(1) a Purchase Order number;
(2) details for your Purchase Order and for its shipment; and
(3) an invitation-to-verify link that invites you to verify the details of your Purchase Order and its shipment.
3.3 If you find any error, omission or mistake in the details of your Purchase Order specified in our receipt-of-order email, you may click on the invitation-to-verify link, which will bring you straight to your Purchase Order on the Website, to proceed to the correction of any error, omission or mistake in your Purchase Order.
4. Section 4 Payment
4.1 The full amount of Product Price and all other fees included in your Purchase Order are due when we accept your Purchase Order. You shall pay us the full amount of Product Price and all other fees included in your Purchase Order before we ship the ordered Product(s) to you.
4.2 Any amount unpaid when due shall be subject to an interest rate of the maximum interest rate permitted by law for each month it remains unpaid.
4.3 You shall not set off or recoup any amount due or any portion thereof against sums that are due, may become due, or you claim to be due from us.
5. Section 5 Shipping
5.1 When you place a Purchase Order with us through the Website, you will be required to choose a shipping method and provide shipping related information.
5.2 Within one (1) Business Day upon our receipt of your Purchase Order, we will arrange the shipping of Product(s) you order to the address and by the method that you specify in your Purchase Order. Following our shipment of your ordered Product(s), we will send an email informing you the shipment and tracking number of your Purchase Order.
5.3 Any Purchase Order placed during weekends (including Friday evenings (after 6 p.m.), Saturdays, and Sundays) will be shipped on the following Monday.
5.4 You are responsible for the shipping charges and quality of the shipment of your Purchase Order from our facility to the destination (address) you specified in your Purchase Order through private couriers. Your Purchase Order’s shipping charges may vary according to the type of your Purchase Order and are calculated based on the delivery policies (including but not limited to the distance and cost of product insurance) of the shipping couriers we use.
6. Section 6 Title, Risk of Loss, and Damage to Product
6.1 The title, risk of loss, and damage to Product(s) you order shall pass to you upon shipment from our facility.
6.2 The title, risk of loss, and damage to Product(s) shall pass to you immediately upon your ordered Product(s) being picked up by or on behalf of you, your agent or transport carrier, at our facility, and thereafter we shall not be responsible for any loss or damage to Product(s) you order.
7. Section 7 Return of Ordered Product(s)
7.1 A Customer who purchases a Product from us through the Website for the purposes of consumption may return the ordered Product or rescind the contract in writing within seven (7) Business Days upon receipt of the ordered Product without stating the reasons or be responsible for any expenses or costs.
7.2 Section 7.1 does not apply under the circumstances where a Product is provided or rendered with one of the following matters:
(1) a Product is liable to deteriorate, with fairly short shelf life, or expires rapidly at the time to rescind the contract;
(2) a Product is made to the specifications of a Customer who is a consumer or a Product is made clearly personalized;
(3) a Product is a newspaper, periodical or magazine;
(4) a Product is a sealed audio, video recording or computer software which have been unsealed after delivery;
(5) a Product is of digital content which is not supplied on a tangible medium, or online services which would be fully performed once begun, with the prior consent of a Customer who is a consumer;
(6) a Product is a sealed personal hygiene product which have been unsealed after delivery; or
(7) a Product is of international airline passenger services.
7.3 If a Customer receives a Defective Product from us, the Customer may notify us of the specific problem in writing within seven (7) Business Days of receiving such Defective Product. We will ship a replacement to the Customer and will also reimburse the Customer for costs incurred for return postage of the Defective Product.
8. Section 8 Errors, Inaccuracies or Omission
Except as required by law, we reserve the right to correct any errors, inaccuracies or omissions of information that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times or availability, and to change or update information or cancel any Purchase Orders at any time without prior notice if any information provided is inaccurate, including but not limited to after you have placed your Purchase Order with us.
9. Section 9 Prohibited Use
By agreeing to these Terms & Conditions, you represent that you will not:
(1) use our Products for any illegal or unauthorized purpose; or
(2) violate any laws in your jurisdiction and/or the jurisdiction where you are located when using or selling our Products.
10. Section 10 Disclaimer
10.1 Please do not use any Product or information on the Website to prescribe any medication or treat any disease or medical condition.
10.2 Our Products are labeled in accordance with the laws of Taiwan and provide information about all ingredients, and other natural enzymes, which compose our Products or that our Products may have been in contact with during production. We are not liable and disclaim all warranties for any allergic reactions or other allergen sensitivities.
11. Section 11 Limitation of Liability
11.1 In no case shall we be liable to you or any Person for any indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of contract, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or sale of any of our Products, or for any other claim related in any way to your use or sale of any of our Products, including but 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 or sale of any content or Product posted or otherwise made available via the Website, even if advised of their possibility.
11.2 In jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of Strong Pulses, our directors, officers, employees or agents shall be limited to the maximum extent permitted by law.
12. Section 12 Indemnification
You agree to indemnify, defend, and hold Strong Pulses and our directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any Third Party due to, arising out of or in connection with your breach of these Terms & Conditions, or your violation of any law or the rights of a Third Party.
13. Section 13 No Agency
13.1 Under no circumstances shall you, your agents or your employees be deemed agents or representatives of Strong Pulses.
13.2 You shall not modify any of our Products without prior written permission from us.
14. Section 14 Waiver
Any of our waiver of any term, condition or obligation of these Terms & Conditions will be effective only if in writing and signed by us.
15. Section 15 Electronic Communications
By accessing or using any part of the Website or sending emails to us, you agree that these communications constitute electronic communications, and you consent:
(1) to receive electronic communications; and
(2) that all notices, agreements, and any other communications provided to you by us electronically, via email or on the Website, satisfy any legal requirement that such communications must be in writing.
16. Section 16 Force Majeure
In no event shall we be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control or due to unforeseen circumstances, including but not limited to, acts of God (such as earthquakes, tropical storms, hurricanes, fire, flood, or other natural disasters or natural catastrophes); war; act of terrorism; civil or military disturbances; strikes; shortages in transportation, facilities, fuel, energy, labor or materials; interruptions, loss, failure or malfunctions of utilities, communications, server or computer (software and hardware) services; for so long as such event continues to delay our performance. We will use our reasonable efforts to resume performance as soon as practicable under the circumstances.
17. Section 17 Severability
17.1 If any provision of these Terms & Conditions is for any reason found to be invalid, illegal or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the remainder of these Terms & Conditions shall be in full force and effect.
17.2 The invalidity, illegality or unenforceability of a particular provision of these Terms & Conditions in a particular jurisdiction shall not invalidate such provision in any other jurisdictions.
18. Section 18 Governing Law
These Terms & Conditions, as well as any separate agreements whereby we provide Products to you, shall be governed by and construed in accordance with the laws of Taiwan, without giving effect to any choice of law or conflict of law principle, provision or rule (whether Taiwan or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than Taiwan.
19. Section 19 Dispute Resolution
19.1 Except as otherwise specified or further restricted by the laws, any Dispute arising out of or in connection with these Terms & Conditions or its subject matter or formation (including non-contractual disputes or claims), at law or in equity, shall be settled by arbitration referred to the Chinese Arbitration Association (“CAA”), Taipei, and conducted in accordance with CAA’s arbitration rules then in effect.
19.2 The place of arbitration shall be in Taipei, Taiwan.
19.3 The language of arbitration shall be English.
19.4 The arbitral award shall be final and binding upon the Parties.
19.5 Judgment may be entered on the arbitration award in any court having jurisdiction.
20. Section 20 Update and Amendment
20.1 You agree that we may update and amend these Terms & Conditions at our sole discretion from time to time, and any such amendment will apply to you upon notice.
20.2 We will publish the notice of amendments in our official materials, including the Website.
20.3 Your continuation of purchases of our Product(s) shall constitute your acceptance of any and all our amendments to these Terms & Conditions.
21. Section 21 Integration
These Terms & Conditions, together with any policies, operating rules or documents posted by us on the Website, constitute the complete and exclusive understanding and agreement between you and us, superseding all prior understandings and agreements, whether oral or written, between you and us with respect to the subject matter hereof (including but not limited to any prior versions of these Terms & Conditions).
22. Section 22 Construction
You acknowledge that you have reviewed these Terms & Conditions, and the rule of construction to the effect that any ambiguities are resolved against the drafting Party shall not be employed in the construction of these Terms & Conditions