Before registration, please read through this Agreement carefully. By clicking the button of “Accept the Foregoing Agreement and Complete the Registration”, you agree to fully accept all the terms and conditions of this Agreement. Upon successful registration by any user, this Agreement shall come into effect immediately. In case of any dispute, not reading this Agreement carefully shall not be used as a defense by any registered member.
For the purpose of this Agreement, the following terms have the meanings set forth as follows:
- FIELDS (hereinafter referred to as “the Website”) means the online e-commerce trade platform owned by Shanghai FIELDS China Limited, with the domain name of www. fieldschina.com
- FIELDS China Limited means the collective reference to Shanghai FIELDS China Limited and its affiliates.
- Affiliates mean enterprises having such a relationship with Shanghai FIELDS China Limited at present or in the future that “one party controls or jointly controls the other party or imposes material impact thereupon, or two or more parties under the control or common control of, or affected materially by the same person”.
- Registered Users / the Registered User (or Users / the User) mean any users who complete the registration with the Website and browse, purchase or use any product or services provided by FIELDS China Limited via the Website.
Confirmation and effectiveness of the terms of service of the Website
The ownership of and the right to operate all the electronic services of the Website belong to FIELDS China Limited. No one shall become the Registered User of the Website unless and until having accepted all terms of this registration agreement and completed the registration procedures. Users acknowledge that the terms and conditions herein are the covenant in respect of the rights and obligations of the two parties hereto and shall be valid at all times. If relevant laws otherwise require or the two parties agree otherwise, such requirements or agreement shall prevail.
In case of any doubt as to this Agreement prior to clicking to accept this Agreement, you may consult FIELDS China Limited. Any Users who did not read this Agreement carefully but clicked to accept this Agreement will be deemed to have confirmed that they have full capacity for their rights and behaviors as required by law for enjoying the services of, and placing orders to purchase goods via the Website, and are able to take any legal responsibilities independently. Such Users shall not claim this Agreement to be invalid or demand to cancel this Agreement on the ground of the failure to read this Agreement carefully, or on the ground that no reply has been given by FIELDS China Limited in respect of their inquiries, etc.
Registered Users shall be individuals who are of or over the age of 18 and have full legal capacity for civil rights and conducts, or shall be legal persons and other legitimate organizations. In the absence of the above capacity, such Registered Users and/or their guardians shall bear all adverse consequences, and FIELDS shall be entitled to cancel or freeze such Users’ accounts permanently and claiming against such Users and their guardians if any loss incurred.
FIELDS China Limited has the right to formulate and amend the Agreement and/or various rules from time to time if necessary, and make publicly available the same on the Website. In that case, it shall be under no obligation to give notice to every User specifically. The amended agreement and rules will take effect automatically and immediately upon being published on the Website. In case of disagreement with such amendment, Users shall immediately cease to use the services provided by the Website. Once Users continue to use any service provided by the Website, such Users are deemed to have accepted the amended agreement and rules. FIELDS China Limited reserves the rights to refuse to provide services, close Users’ accounts, delete or edit the Website content or cancel orders at its sole discretion to the extent allowed by the laws applicable within the territory of Mainland China.
Services provided by the Website
The Website will provide Users with online shopping platform, convenient, quality shopping environment, and pre-sales and after-sales services.
The Website will safeguard and maintain the interests of Registered Users, and undertakes to ensure the product quality, competitive price and service quality.
The Website will protect private information of Registered Users such as email address, mobile phone number, etc., and undertakes not to lease or sell to any third party the personal information of the Registered Users without their consent, unless:
- Such Users agree to share the information with any third party;
- Such Users agree to have their personal information and the products and services they enjoyed publicly available;
- As required to respond to court subpoena, orders or abide by legal procedures; or
- The Website discovers that any Registered User violates the requirements of the terms of service or any other term of use of the Website.
FIELDS China Limited shall make its best endeavor to ensure the consistency between the final purchase price and that of catalogue published in the Website, however, neither the catalogue nor this statement will constitute an offer. FIELDS China Limited has the right to withdraw any acceptance at its sole discretion in case of any obvious mistake with respect to any product or order as shown on the website or in case that the product is out of stock. In the mean time, the Website reserves the right to restrain the quantity of the products available for order.
The Website will regularly send Registered Users the information in respect of commercial events and activities by online announcement, and email.
The Website will, by means of online announcement, notify Registered Users the information in respect of any modification of the terms of the Agreement, any change to services or any other important events.
The Website reserves the right to delete any information which is inconsistent with the requirements of laws and policies or which is found untrue, without giving any notice to Users. If any Users fail to abide by the Agreement, the Website has the right to, in its sole judgment, take all measures such as suspending or closing Users’ accounts. Users shall be responsible for all liabilities arising from their online behaviors and expressions.
Registered Users shall personally assume risks for the use of online services. FIELDS China Limited makes no warranty whatsoever with regard thereto, whether expressly or impliedly. FIELDS China Limited makes no warranty that the online services will surely satisfy the requirements of Registered Users and the online services will not be discontinued, and it makes no warranty with regard to the timeliness, safety or occurrence of error of the online services. The Website makes no warranty for any online service for the purchase of any commodity or transaction process available on the Website.
Users shall prepare the following facilities and bear relevant expenditures:
- Online surfing equipment, including but without limitation to computers or any other internet terminals, modem, and other necessary networking devices;
- Networking expenditures, including but without limitation to network access fee, rent for leasing networking equipment, mobile traffic fee, etc.
Users shall, on their own initiative and in good faith, provide the Website with their registration information and guarantee that such information provided thereby are true, accurate, complete, valid and effective. In case of any change to the registration information, Users shall update the same in time. If the registration information provided by Users is invalid, untrue, inaccurate or incomplete, such Users shall assume the related liabilities and consequences, and FIELDS China Limited reserves the rights to suspend such Users’ access to use any the services provided by FIELDS China Limited.
Account information such as Users’ names and passwords will be generated upon successful registration and Users may change their passwords pursuant to the rules of the Website. Users shall prudently and reasonably preserve and use their Users’ names and passwords. If any User perceives that any User account is used illegally or there is any safety loophole, such User shall notify the Website immediately and report the case to the police. Account name and/or password shall not be transferred, given as a gift or inherited by any means.
User shall not allow any other person to use their accounts registered with the Website. Otherwise such Users shall solely bear all the responsibilities arising there from and the actual user shall assume joint and several liabilities.
Users agree that FIELDS China Limited has the rights to use their information such as registration information, user’s name and password to log in their registered accounts for the purpose of preservation of evidence, including but not limited to notarization, attestation, etc.
Users shall also comply with the following obligations:
- Users shall not disseminate or publish any remarks instigating the resistance and/or the sabotage of the enforcement of the PRC Constitution, laws or administrative regulations, or any remarks instigating the subversion of PRC state power and/or socialist system, or any remarks instigating the dismemberment of the PRC and/or the sabotage of national unity, or any remarks instigating ethnic hostility, ethnic discrimination and/or the sabotage of ethnic unity;
- Users shall satisfy the requirements of the relevant laws and regulations of the PRC on the transmission of any information from Mainland China to any foreign country;
- Users shall not use the Website for the purpose of any law-breaking or criminal activities such as money laundering, stealing trade secret or personal information, etc.;
- Users shall not disrupt the normal operation of the Website and shall not access the Website or the national computer information system;
- Users shall not disseminate or publicize any law-breaking, criminal, harassing, defamatory, abusive, threatening, detrimental, vulgar, obscene, uncivil information or materials;
Users shall not disseminate or publicize any information, materials or make any remarks damaging the PRC and/or social public interests, or those involving national security;
Users shall not aid and abet any other person in conducting any acts prohibited in this Article;
- Users shall not use their accounts registered with the Website for the purpose of any profit-making activities; and
- Users shall not release any content infringing upon other person’s intellectual property or lawful rights and interests such as copyright, trademark right, etc.
Information with respect to the price, quantity and stock of the commodities shown on the Website may vary from time to time without special notice with regard thereto.
Users acknowledge and understand that the information shown on the Website may lag behind actual situation or there may be any error as a result of the existence of objective reasons such as the well-known internet technology factors and the gigantic volume of information in respect of the commodities shown on the Website, despite our best efforts to ensure the accuracy of the commodity information that you may browse.
At the time of placing an order, Users are required to confirm information carefully such as the name, price, quantity, model, specifications, size, contact address, telephone, consignee and any other information in respect of the commodities to be purchased. If the consignee is inconsistent with the User, the act conducted and the intention expressed by the consignee shall be deemed as that of the User, and such User shall take joint and several liabilities for any legal consequences arising from the act and intention of the consignee.
Unless otherwise obligatorily provided by law, both parties hereto agree as follows:
- Any information in respect of the commodities and price as shown on the Website is for the purpose of invitation for offer only. At the time of placing any order, Users are required to fill out such information in respect of the quantity, price, payment method, consignee, contact information, delivery address (the performance place of contract), performance way of contract regarding the commodities that Users intend to purchase, etc.;
- The information of orders generated by the system is the data automatically generated by the computer system based on the content filled out by Users, which only constitutes a contractual offer made by Users to sellers;
-Upon the receipt by the Website of the order information from Users, Users and FIELDS China Limited shall not be deemed to have established a contractual relationship with regard to any commodities ordered until the said commodities have been directly and actually sending to the Users from the warehouse (at the time when the commodities are taken out of the warehouse);
- If any User orders a number of commodities by placing one single order while FIELDS China Limited only sends a portion of the commodities, the User and FIELDS China Limited shall be deemed as having established a contractual relationship to the extent of the commodities actually and directly sent to the User. Only to the extent that FIELDS China Limited actually and directly sends other commodities set forth in an order, such User and FIELDS China Limited shall be deemed as having established a contractual relationship with regard to such other commodities only;
- As a result of the impact due to any market change and any uncontrollable factors beyond our reasonable commercial efforts, the Website ensures the stock for the commodities to be purchased by users as set forth in relevant orders. If any commodity to be purchased by Users is out of stock, such Users may cancel the order.
FIELDS China Limited will deliver the commodities (goods) to the address designated by Users. The time for delivery specified on the Website shall be for reference only, which is calculated based on stock, the normal process for handling such goods and the time for delivery of the same, and destination of the goods.
In case of delay of the order or inability to deliver under any of the following circumstances, FIELDS China Limited shall not be liable for the delay in delivery:
- Any error in respect of the information provided by Users or unknown address;
- Inability to deliver or delay in delivery due to the absence of the person to sign to acknowledge the receipt of the goods upon delivery;
- Any change of circumstances; or
- Force majeure, such as natural disasters, traffic control, outbreak of war, etc.
Ownership and intellectual property
Upon the acceptance of the Agreement by Users, it shall be inferred that Users may, on their own initiative, completely, exclusively and irrecoverably assign to FIELDS China Limited any assignable rights such as property rights of any information and content released via the Website at any time (including but not limited to customer comments, consultation, articles with various topics) such as the property rights of copyrights (including but not limited to right of reproduction, right of distribution, right to lease, right of exhibition, right of performance, right of presentation, right of broadcasting, right of network communication, right of cinematographic production, right of adaption, right of translation, right of compilation, and any other assignable rights enjoyed by the copyright owner), and Users agree that FIELDS China Limited has the right to file a lawsuit at its sole discretion against any infringement by any person or institution.
The Agreement constitutes a written agreement with respect to the assignment of property right in work as provided by the Copyright Law of the People's Republic of China and other relevant laws and regulations and will be applicable to the content of any work released by the users on the Website of FIELDS which are under the protection of such Copyright Law, regardless of whether such content are formed prior to or after the execution of the Agreement.
Users agree and have a good understanding of the terms herein, and undertakes not to publish in any form or authorize any other person to use, by any means, any information released via the Website (including and not limited to the use in various websites and media).
FIELDS China Limited is the producer of the Website and has the lawful rights and interests with respect to the copyrights of the content and resources in the Website, which are under the protection of the relevant laws of the PRC. And it has the right to modify the content of the Agreement and the Website from time to time and post the same on the Website without giving notice to Users. To the fullest extent permitted by law, FIELDS China Limited shall be entitled to the right of final interpretation of the Agreement and the content released through the Website.
Unless otherwise obligatorily stipulated by law, no entity or individual shall, by any means, illegally duplicate, reprint, cite, interlink, capture or by any other means use the information and content in the Website, in whole or in part, without the express written consent of FIELDS China Limited, otherwise FIELDS China Limited has the right to claim against such entity or individual for any legal liabilities.
Any materials and information (such as written words, charts, labels, button icons, images, segments of sound files, digital download, data editing and software ) shown on the Website are the property of FIELDS China Limited or the relevant provider, which are under the protection of both Chinese and international copyright laws. Any and all compilation of the content on the Website shall be the property exclusively owned by FIELDS China Limited and under the protection of both Chinese and international copyright laws. Any software on the Website is the property of FIELDS China Limited or any of its Affiliates, or the relevant software providers and under the protection of both Chinese and international copyright laws.
Rescission and termination of the Agreement
If any Users violate law or their obligations under the Agreement, FIELDS China Limited has the right to rescind the Agreement at any time and cancel their accounts registered with FIELDS. If any loss incurred by FIELDS China Limited thereby, such Users shall be responsible for indemnification.
FIELDS China Limited has the right to decide to close FIELDS at its sole discretion, based on its own operational situation and strategies. The Agreement shall terminate automatically upon notice by FIELDS China Limited in respect of the closing of FIELDS, in which case, FIELDS China Limited is under no obligation to assume any liabilities for breach of contract.
Governing law and jurisdiction
The execution, performance, interpretation of the Agreement and the settlement of the dispute in connection with the Agreement shall be governed by the laws then in force applicable in Mainland China, without regard to its conflict of laws rules.
In case of any conflict between any provisions of the Agreement and its governing laws, such provisions shall be re-interpreted completely based on the requirements of the laws, and the rest of the Agreement shall remain in force. In case of any dispute arising from the content or the performance of the Agreement between the contracting parties, both parties shall use their best efforts to settle the dispute through friendly consultations. Should such consultations fail, either party hereto may file a lawsuit to the local People's Court at the place where FIELDS China Limited locates.
The Agreement is made in both in Chinese and English and both versions shall have the same legal effect. In case of any conflict between the two versions, the Chinese version shall prevail.