Terms of Service
Terms of Service
For the registration and use of the e-shop of ifm. When placing an order within the ifm e-shop you confirm to be bound by these Terms of Service.
1. Definitions, Confirmation and acceptance of the Terms of Service
- “ifm” refers to ifm electronic (Shanghai) Co., Ltd.
- “ifm e-shop” refers to the online purchasing portal currently provided by ifm under www.ifm.cn. ifm may decide to provide the ifm e-shop by other technical means, e.g. mobile, client software or applications. Ownership and operation rights in the ifm e-shop belong to ifm. ifm operates the e-shop in accordance with these Terms of Service.
- “Client” or “you” refers to users registering for the ifm e-shop and making purchases via the ifm e-shop. Only duly incorporated businesses can register as Clients of the ifm e-shop. Natural persons who register on behalf of the Client and serve as the point of contact represent that they are authorized by the Client and have the legal power to enter into agreements on behalf of the Client, in particular that they have the right to place an order and inquire related order information in the ifm e-shop, and they are willing to and able to shoulder legal responsibilities independently as agreed in these Terms of Service.
- When making a purchase at the ifm e-shop, Clients – by checking the box for the Terms of Service and clicking “[place an order]” – confirm that they are bound by these Terms of Service regarding the use of the ifm e-shop, including ordering products from ifm via the ifm e-shop. The Terms of Service shall remain valid all the time unless it’s otherwise prescribed in laws or specifically agreed between the parties.
2. Use of the ifm e-shop
- ifm provides online procurement services for its Clients through the ifm e-shop. Clients can browse products and product information and initiate purchases in the ifm e-shop. To use the services Clients must do the following.
- Clients must prepare the following equipment and bear the following costs: (1) Network equipment including but not limited to computers or other terminals, modem and other necessary network devices; (2) Network expenditure including but not limited to network access fees, network equipment rent and fees for mobile phone data flow.
- Clients should provide information required for registration and shall ensure that registration information they provide is genuine, accurate, complete, lawful and effective. Should there be any change in such information, they should timely update it. If the information offered by Clients is unlawful, false, inaccurate or incomplete, Clients shall bear liabilities for consequences accordingly, and ifm reserves its right to terminate all services for them.
- When the registration is completed, an account with a user name and a password will be displayed and the Client has the responsibility to immediately change the password, and regularly or irregularly modify the password in the future so as to ensure security. Clients shall properly and reasonably keep and use their accounts and passwords. Provided that such accounts are illegally used or a security vulnerability exists, please immediately inform ifm in written form by email to firstname.lastname@example.org.
- Clients shall not lend, authorize or reveal the account obtained through registration for the ifm e-shop to any third party; otherwise, Clients shall be held accountable, and shoulder joint liabilities with the actual user for all economic losses caused to ifm as such. Meanwhile, ifm has the right to refuse to provide services and close the account. If employees, representatives or agents of the Client use the account and password to browse the information or place an order on the ifm e-shop, it shall be regarded as a conduct of the Client.
- ifm reserves the right to decide to refuse to provide services, and change or cancel the services or orders within an allowable scope of the law of the People`s Republic of China.
3. Purchase Orders
- Information provided by ifm in the ifm e-shop such as but not limited to product names, descriptions, product price, quantity and time of delivery are for informational purposes. They form an invitation for the Client to make an offer to ifm to conclude a purchasing contract. The information in the ifm e-shop may change any time, and no further notice needs to be issued. Due to objective factors such as unsound internet technology, information displayed on the ifm e-shop may show hysteresis or errors.
- Clients can place products they want to order in an electronic “shopping basket”. Afterwards they can place an order and confirm the products and the quantity of products they want to buy (hereinafter referred to as “contract products” or “goods”) as well as their contact information. ifm will also indicate an estimated, non-binding time of delivery for the contract products. Please carefully confirm whether important information is accurate such as product name and quantity, phone number, mobile phone number and e-mail address before placing an order.
- After submitting the order, the ifm e-shop will automatically generate an order based on the information you filled in and submit it to ifm. The aforementioned information you sent to ifm is an offer to ifm to conclude a purchasing contract under the conditions of the Term of Service. You are bound to this offer for the duration of 2 working days.
- The Client agrees that ifm has the right to send information and communicate with the Client regarding its order in the form of e-mail, SMS, telephone and via the ifm e-shop.
- The Client will receive ifm’s confirmation of an order either automatically or manually (via. an email) with a summary of the order details. Please review the order confirmation and pay the purchase price per the payment instruction. The purchase contract only becomes effective within the scope of the paid products after confirmation by ifm that the Client made the payment successfully.
- If you are an operator of Critical Information Infrastructure or have special contractual requirements regarding the products you wish to purchase, please contact our customer service under email@example.com or add a comment when placing the order in the e-shop.
- After order confirmation by ifm no modification of technical specifications or cancellation of orders is allowed without the consent of ifm. If ifm determines that the normal function and use of the product will not be hindered, ifm may accept modifications to the technical specifications, subject to written confirmation of the parties.
- ifm will charge a fee for any modification to the technical specifications after an order has been confirmed by ifm, the amount of which depends on how the order had been processed when ifm receives the written application for a modification.
4. Terms of Delivery
- Unless expressly otherwise agreed upon, ifm will deliver contract products to the Client DDP. ifm shall be free to determine the appropriate mode of shipment and to select the carrier at its reasonable discretion.
- ifm will properly and timely deliver the product to the carrier but takes no responsibility for any delays caused by the carrier. Any transit time (i. e. the time between the delivery by ifm to the carrier and the delivery to the Client) specified by ifm shall therefore only be non-binding.
5. Price, Payment
- Prices include packaging; value added tax shall be added at the then applicable rate.
- When the price of a product in a confirmed order rises, the Client will be protected in full amount and the price will not go up automatically. When the price of a product in a confirmed order falls, the Client is not entitled to request a price reduction for the goods that are not shipped.
- Unless expressly otherwise agreed by ifm, the order processing and all shipments by ifm shall require advance payment to a bank account specified by ifm. ifm will provide the Client with a VAT special invoice (“Fapiao”).
- In the event that ifm has agreed to payment after delivery, its invoices shall be due and payable by the Client within the agreed upon number of working days upon receipt by the Client of the product and the invoice as indicated on the invoice.
6. Retention of Title
- ifm retains title to the contract products until receipt of all payments in full. In case of breach of contract by the Client including, without limitation, default in payment, ifm is entitled to take possession of the goods.
- The Client shall handle the goods with due care, maintain suitable insurance for the contract products and, to the extent necessary, service and maintain the contract products.
- As long as the purchase price has not been completely paid, the Client shall immediately inform ifm in writing if the contract products become subject to rights of third persons or other encumbrances.
- The Client may resell goods subject to the above retention of title only in the course of its regular business. For this case, the Client hereby assigns all claims arising out of such resale, whether the contract products have been processed or not, to ifm. Notwithstanding ifm`s right to claim direct payment the Client shall be entitled to receive the payment on the assigned claims. To this end, ifm agrees to not demand payment on the assigned claims to the extent the Client complies with all his obligations for payment and does not become subject to an application for insolvency or similar proceedings or to any stay of payments.
7. Warranty and Liability
- For catalogue products the Warranty Policy for ifm catalogue products applies.
- ifm guarantees that all products on sale are free from material and process defects. All products can be returned to ifm within 5 years from the date of shipment with freight prepaid in case of any product failure. ifm will conduct a professional inspection to ascertain the cause of the failure and issue a fault report. For any quality problem, ifm will replace it free of charge.
- The Client hereto agrees that the only compensation to the Client is that ifm shall repair or replace the defective products in accordance with these Terms of Service. The Client agrees that there is no claim for other compensation and that in no event shall ifm be held liable for any accidental or indirect loss, including (but not limited to) loss of income, loss of time, loss of personal property, Client's liability to others or all other types or forms of indirect loss and financial loss.
8. Return of goods
In no other circumstances is the Client allowed to return goods, unless written authorization and shipping instructions are received from ifm.
9. Client`s obligations
- The Client agrees to strictly fulfill the following obligations:
- Clients shall not use the ifm e-shop for criminal activities such as engaging in money laundering, stealing business secrets and personal information;
- Clients shall not disturb, invade or attack the ifm e-shop, and shall not apply software to automatically search or download any information on the ifm e-shop and in related services.
- Clients shall not use data and information in a way that damages the security of the ifm e-shop, including but not limited to browsing, copying and downloading information or collecting information and data or simulating requests with plug-ins, implanted programs and automation tools. The aforementioned conduct which damages the ifm e-shop`s security shall be considered as malignant and improper conduct.
- Once the aforementioned malice and improper conduct appear, ifm has the right to issue a warning and order you to immediately stop such conduct and eliminate negative influences. Furthermore, ifm will suspend services according to the degree of severity caused by your conduct, and meanwhile require you to compensate for all economic losses ifm suffers.
10. User`s personal information
11. Ownership and Intellectual Property
- ifm completely owns all the intellectual property rights in the ifm e-shop and content published within the ifm e-shop.
- Clients have ownership for all data and materials they insert while using the ifm e-shop (including but not limited to Client data and contact person). Unless for the purpose of providing information via the ifm e-shop, facilitating order processing and statistical analysis, ifm shall not use Clients’ data randomly. ifm owns the results of statistical analysis and has the right to use them.
12. Force Majeure
- In the event of force majeure, such as strike (including politically motivated strike), lockout, war, storm, COVID-19 and other epidemics or other comparable fundamental events, ifm is entitled to cancel the order/purchasing contract in whole or in part, or to deliver the contract products at a later date, whereby this shall not give rise to any claim by the Client.
- Should the ifm e-shop be suspended, hindered, shut down or unable to be used normally due to force majeure or other technical factor and government factor which cannot be controlled, ifm shall be exempted from legal responsibilities but it will reasonably assist in dealing with related affairs.
- Clients understand and agree that when Clients violate national laws, regulations, rules and normative documents or break what’s agreed in these Terms of Service or infringe upon the lawful rights and interests of a third party, ifm has the right to make an independent judgment according to information it has obtained, and has the right to suspend or terminate services without bearing any liability.
- ifm reserves the right to delete all kinds of information which is inconsistent with laws and policies or that is false without notifying Clients.
14. Update of these Terms of Service
In accordance with changes in national laws and regulations as well as the need of ifm for website operation, ifm has the right to revise clauses in these Terms of Service from time to time. Once the revised Terms of Service are announced on the ifm e-shop, they will take effect and replace the former Terms of Service. Clients should log in to read the latest Terms of Service. If Clients do not agree to the updated Terms of Service, they can and shall immediately stop accepting services on the ifm e-shop and apply for deletion of their accounts; if Clients continue to use such services, they confirm they agree to the updated Terms of Service. Clients shall read and make sure they fully understand these Terms of Service and related announcements before placing an order.
15. Applicable Law, Jurisdiction
- The effective laws of the People`s Republic of China (excluding conflict rules) shall be applicable to the establishment, implementation and interpretation of these Terms of Service as well as dispute resolution.
- These Terms of Service are written in both Chinese and English languages, and both language versions shall be equally valid and binding. In case of any discrepancy between the two versions, the English version shall prevail.
- If clauses of these Terms of Service are in conflict with applicable laws, such clauses shall be re-interpreted according to the latter while other effective clauses remain valid.
- If the contracting parties have any dispute regarding contents or implementation of these Terms of Service, they shall negotiate it on a friendly basis; should negotiation fail, they shall deal with it according to the law of the PRC, and submit it to the Pudong New Area People’s Court of Shanghai.