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Terms & Conditions

 

1. Overview

Welcome to apunchs.com, a website controlled by YANBO INC. (“Apunchs,” “we,” “us,” and “our”). This Site maintained as a service to our customers. BY USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE AGREEMENT (“TERMS OF USE” OR “TERMS”). PLEASE REVIEW THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE.


2. Use of the Site

You acknowledge that your use of the Site is also subject to additional terms and conditions, policies (including without limitation our Privacy Policy, Shipping Policy, and Return Policy), rules and guidelines that are now, or in the future may be, posted to the Site (collectively, “Rule & Policies”). By using the Site, you agree to comply with and be bound by our Rule & Policies, all of which are incorporated by reference into, and made part of, these Terms.

By using the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to comply with and be bound by these Terms.


3. Conduct & Prohibited Uses

You agree to comply with all applicable laws when using the Site. In addition, you agree not to use the Site for any criminal, unlawful or immoral purpose, or encourage another to do so. You represent and warrant as follows: 

(a)You will not post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products, or services; 

(b)You will not act in a manner or employ any device that impacts the security of the Site or restricts, impairs, interferes, or inhibits any other user from using or enjoying the Site;

(c)You will not employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate, search, or copy content from the Site.


4. Content Ownership

All content included in or made available through the Site, including the text, images, compilations, design, software, source code, and all other materials that are part of the Site (collectively, “Content”) is the property of Apunchs or our content suppliers and is protected by U.S. and international laws. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site. Except as expressly stated herein, you may not reproduce, distribute, transmit, display, publish, modify, create derivative works from, sell or participate in any sale of, or otherwise exploit any Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to legal liability.


5. Product Information

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be incomplete, inaccurate, or out of date. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site. All products, services, descriptions, and prices displayed on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that such products or services will be available at any time. We reserve the right to discontinue any product or service at any time.

All products are to be used strictly in accordance with their intended use, instructions, precautions, and guidelines. The products available on the Site are for your personal use only. The products you receive from us shall not be sold, resold, distributed, or otherwise used for any commercial purpose.


6. Color Information

While we try to accurately display the colors of products, the colors you see will depend on your monitor and may not be accurately reflect the actual product colors. We therefore cannot guarantee that the color of the product is absolutely accurate.


7. Placing an Order

When you order a product on the Site, you are offering to buy that product from us at its stated price, subject to these Terms. Once you place an order, you will receive an order confirmation email acknowledging the details of your order. However, the receipt of an email order confirmation does not constitute our acceptance of an order. Unless we do not accept your order or you cancel your order pursuant to these Terms, our acceptance of your order, in whole or in part, will occur when you receive an email stating that your order has been dispatched. 


8. Refusals

We reserve the right to refuse any order you place with us. We reserve the right to limit or cancel the quantity of any order placed or product order per person, per household or per order. We may require verification of information prior to our acceptance of any order.


9. Cancellations

You may cancel your order any time before it is shipped for any reason free of charge and receive a full refund. Cancellations cannot be made on or after the date of shipping. Notwithstanding the foregoing, personalized products cannot be cancelled once ordered as they may be in process of being customized. Orders must be cancelled in writing. If you wish to cancel an order, you must contact us in writing at [email protected]. The foregoing does not affect any statutory rights you may have.


10. Shipping

Orders will be shipped to the delivery address specified. Delivery times may vary depending on where an order is to be delivered. Occasional delays may occur during peak periods or in the case of unexpected events. We cannot be held liable for any shipments that are lost or stolen as a result of any delivery instructions specified by you or left for the carrier. You are responsible for contacting us regarding any claims for damaged or lost shipments. Please refer to our Shipping Policy for more information.


11. Returns

Products purchased through the Site may be returned within fourteen (14) days from the date of delivery, with certain exceptions. 

All returns are subject to validation and approval by us in our sole discretion. We monitor return activity for abuse and reserve the right to limit returns in all instances. We may require you to verify your identity prior to the acceptance of any return. 

We will accept the return of most products, provided that such products are returned: (i) in their original condition with all tags still attached, including without limitation all labels, price tags, security tags and authenticity cards; (ii) in their original packaging; (iii) complete with all of their parts and accessories; (iv) with the original proof of purchase; and (v) from the same location they were purchased from. Incomplete, damaged, soiled, washed, worn, or altered products will not be accepted. Certain products are not eligible for return, including products marked as “final sale,” personalized products, and, for hygienic reasons, undergarments, swimwear, and face masks. We reserve the right to designate certain other products as ineligible for return by posting such designation on the Site. 

If you wish to initiate a return, you must contact us in writing at [email protected] to let us know so that we can provide you with return instructions. You will be responsible for complying with our return instructions and paying any return shipping fees. If the foregoing conditions are satisfied and you comply with our return instructions, we will refund the purchase price of the returned product(s), including the sales tax charged for such product(s), less shipping costs, to the same payment method used to make the original purchase. If a return is not approved for any reason, the product may not be returned to you. The foregoing does not affect any statutory rights you may have.


12. Passing of Property & Risk of Loss

We will retain legal ownership of the products you purchase until you have made full payment to us and we have received such payment. Legal ownership of the products will immediately revert to us if we refund any such payment to you. Risk in the products will pass to you on delivery.


13. Submissions

We may allow users to post reviews on the Site or submit comments inquiries, feedback, suggestions, ideas, and other content or information (collectively, “Submissions”) from time to time. Submissions will be treated as non-proprietary and non-confidential. By posting or transmitting any Submission, you hereby grant us an irrevocable, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge and agree that we may use your Submission, and any idea, concept or know-how contained therein, for any purpose including without limitation developing, manufacturing, distributing, and marketing products. 

You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and are not violating any third party's rights. You further represent and warrant that no part of your Submission is libelous, abusive, harmful, obscene, or otherwise unlawful in any way. We do not endorse any Submissions posted on the Site and are not responsible or liable for any claim made in connection with Submissions, including without limitation: (a) loss or injury to real, tangible, or intellectual property; (b) violations of personal privacy or privacy rights; (c) actual, consequential, or punitive damages; (d) personal injury; or (e) wrongful death. We reserve the right to remove any Submission that we deem, in our sole discretion, to violate these Terms.


14. Accounts & Passwords

Users may create personal accounts on the Site. You are solely responsible for the protection and security of your accounts, and should take reasonable steps to secure any email, username, or password that you may use to access the Site. You are responsible for all activity conducted on the Site that can be traced back to your account. If you believe someone has used your account without your authorization, you must immediately notify us in writing at [email protected]. We reserve the right to access your account and disclose any information relating to your account to comply with applicable laws and lawful government requests.


15. Communications

By making a purchase on the Site, creating an account or otherwise providing us with your contact information, such as email address or telephone number, you understand and agree that we may send you communications regarding our products and services. Unless a communication is necessary to facilitate a transaction, such as to provide information related to a purchase, you may opt-out of receiving communications from us by following the opt-out instructions provided in such communications.


16. Privacy

We reserve the right, and you authorize us, to use and disclose all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. For information on how information is collected, used or disclosed by us in connection with your use of the Site, please review our Privacy Policy.


17. Third-Party Links

The Site may include links to other websites that are not owned or controlled by Apunchs. We are not responsible for the content or actions of any other site, including without limitation the respective terms and conditions, policies, information, and security practices of any other site. The inclusion of third-party links on our Site does not imply any association or relationship between Apunchs and any third party, nor does such inclusion imply any endorsement by Apunchs of any third party or any content or action by any third party. Your access to other sites is solely at your own risk, and we will have no liability arising out of or related to your access to or use of any such other site.


18. Disclaimer of Warranties & Limitation of Liability

WE ARE PROVIDING THE SITE AND ITS CONTENT ON AN “AS IS” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION OR THE LIKE), PUNITIVE, SPECIAL, EXEMPLARY OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR YOUR DISSATISFACTION WITH THE SITE AND/OR ITS CONTENT IS TO CEASE YOUR USE OF THE SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation of certain damages, so some of the above exclusions or limitations may not apply to you but shall apply to the maximum extent permitted by applicable laws.


19. Indemnification

You agree to defend, indemnify and hold harmless Apunchs (and our directors, officers, employees, agents, affiliates, subsidiaries, and third-party providers) from any and all actions, claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable attorneys' fees, arising out of: (a) your misuse of the Site; (b) your violation of any term of these Terms; (c) your breach of any representation or warranty; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. We reserve the right to, at your expense, assume or participate in the investigation, settlement and/or defense of any such action, claim or demand. This indemnification obligation will survive the termination of these Terms.


20. Our Relationship

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Apunchs.


21. Termination

We may, with or without notice, terminate any rights granted by these Terms, restrict your use of the Site, or terminate your account at any time for any reason, including without limitation for your breach of these Terms. You shall immediately comply with any termination.


22. Governing Law & Venue

In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and YANBO INC at 388 CORONA STREET, DENVER, CO 80218. These Terms shall be governed by the laws of US, without regard to its conflict of laws rules or principles.


23. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. AS SET FORTH BELOW, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM YOU MAY ASSERT BEFORE A JUDGE OR JURY AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.

To the fullest extent permitted by applicable law, any dispute relating to or arising out of your use of the Site shall be submitted to confidential and binding arbitration. Your dispute with Apunchs shall not be consolidated with any other matter or joined with any other case or party subject to these Terms, whether through class arbitration proceedings or otherwise. All arbitration proceedings shall be conducted virtually and in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). If there is a conflict between JAMS Rules and the rules set forth in these Terms, these Terms shall govern.

Notwithstanding the foregoing, we may seek injunctive or other appropriate relief in court if we believe, in our sole discretion, that you have violated, or threaten to violate, our intellectual property rights in any manner. To the extent arbitration is not permitted by applicable law, disputes shall be submitted to a court of competent jurisdiction in Melbourne, US and this provision shall apply.


24. Waiver

The failure to exercise any right or enforce any provision of any term of these Terms shall not operate as a waiver of such right or provision, of any other right or provision, or of our right to require strict observance of each of term.


25. Severability

All provisions with these Terms are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to invalid, illegal or unenforceable, in whole or in part, such provision shall be modified or limited to the minimum extent necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or limited, it shall be eliminated from these Terms without affecting the validity, legality, or enforceability of any remaining provisions. 


26. Modifications

We reserve the right to change these Terms at any time, without notice, and in our sole discretion. The “Last Updated” date at the top of these Terms indicates when the Terms were last revised. Any changes to the Terms will become effective when we post the revised Terms on the Site. For this reason, you should frequently review these Terms to determine if any changes have been made. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE WITH ANY CHANGE, YOU MUST IMMEDIATELY CEASE USING THE SITE.


27. Entire Agreement

You acknowledge and agree that these Terms constitute the entire agreement between you and Apunchs and supersede all prior or contemporaneous agreements, proposals, or communications. 


28. DMCA

If you believe your work has been copied and posted to the Site in a way that constitutes copyright infringement, please notify us in writing by email at [email protected]. In accordance with the Digital Millennium Copyright Act (the “DMCA”), your written notice must include the following information:

     ● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

     ● A description of the copyrighted work that you claim has been infringed upon;

     ● A description of where the material that you claim is infringing is located on the Site;

     ● A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

     ● Your name, address, telephone number and email address;

     ● A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.


29. Contact Us

If you have any questions about these Terms, you may contact us by email at [email protected].