The Shadmart site located at www.shadmart.com is a copyrighted work belonging to "Shadco Global Limited". (“shadmart”). shadmart™ provides an online store offering Chinese products to worldwide consumers.
By clicking “sign-in” and entering or otherwise using our Website or mobile applications (the “Website”), you agree to and accept these terms and conditions. You also agree to and accept our Privacy Practices, which describes how we use the information you provide to shadmart and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH SHADMART.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A SHADMART MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEBSITE.
Terms of Sale
2.1 Products and Pricing. All Products or services listed on the Website are subject to change, as is Product information, pricing, and availability. shadmart reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that shadmart will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or you already paid, we will issue a refund according to the payment method you have used to pay us.
Unless otherwise noted, the strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to shadmart by the manufacturer or vendor. Certain products on our site are similar - but not identical - to products sold through other retailers. In this case, the strike-through price represents the estimated regular retail value of a comparable item of similar quality offered elsewhere. Because we sell our products over the internet nationwide, the strike-through price may or may not represent the prevailing price at any particular time or in every State or local community, and we make no promises about the reliability or accuracy of any such information. For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price. For international sales, the strike-through price represents the retail price suggested to shadmart by the manufacturer or vendor, based on what such items would be sold for in the US market, plus exchange rate conversion and, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
2.2 Payment Terms. For each Product you order on the Website, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a refund amount charged for the canceled portion or (b) not charge your credit card or PayPal account for the canceled portion of the order.
Modifying and Canceling Orders. If the order status displays 'Awaiting Payment Confirmation', you can request to cancel or change your order requesting our Customer Support. However, if your order has been shipped before we process your request, we will not be able to cancel or change the order. If the order status/product status displays 'Shipped from China Shipping Company', "Arrived in Local Warehouse" Arrived in BD Warehouse" we cannot cancel or change the order.
Order Acceptance. Please note that there may be certain orders that we are unable to accept and must cancel. Shadmart.com reserves the right, at sole discretion, to cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Wholesale Order: An order with more than 500$ will be considered as wholesale order. Due to bulk quantity and various types of products, we don't do QC of individual products for wholesale or bulk orders. Although we pack and send the goods in the most secure way, you agree to accept 5%-10% of items damaged or mismatch with your order and can't claim compensation.
a) Expensive Jewellery: The products which are written on our website as "Gold", are actually gold plated. Anything you are purchasing as Gold is actually gold plated.
b) Electronic Items: You agree and confirm that you are 100% sure regarding the specifications/model before ordering. If you are ordering any parts of any electronic device (e.g circuits, motherboards, batteries, mobile displays, mobile parts, etc) if it arrives DEAD ON ARRIVAL/BROKEN/DAMAGED, you are not eligible for a refund/repurchase.
c) Plants & Seed: Although we try to ship the plants and seeds carefully and as early as possible, but due to some unavoidable circumstances or delays in shipment, these products can be damaged while in transit. Shadmart won't take any liability in this regard. You agree to take the full risk and pay the full amount for these types of products.
d) Plastic Box & Stick: If any product with plastic is very big or has an unusual shape, it might be damaged easily. Shadmart won't take any liability for damage to this type of product.
e) Product Specifications: You are only eligible to get a refund if Product Specification doesn't match with the items you received. Please double-check the specification and color of the product you are ordering. Sometimes our product title and product picture can show wrong information, so in such cases, you won't be eligible for a refund.
2.4 PayPal Purchases. Orders placed using a PayPal account as a payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.
Use of Wallet
The Wallet ("Wallet") is a pre-paid payment instrument that is associated with your Website account. You can top up and use your wallet money to purchase any products from shadmart.
Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Wallet up to an amount of $150 or 10000Tk in one instance. There is no need to maintain a minimum balance.
Refund of Wallet Amount: Your Wallet comprises of three types of balances - Store credit (which is a credit granted by Us typically in lieu of a canceled order), Topped-up balance (which is a prepaid amount that You added to the Wallet to pay for future orders on the Website) and Promotional balance (which is credit granted by Us purely for promotional or goodwill purposes). The topped-up balance (prepaid amount), as well as the Promotional balance added to the Wallet, will be non-refundable while Store credit will continue to be entirely refundable.
Limitation of Liability: In no event will Shadmart will be liable for any money lying to your credit in the wallet, any special, incidental, indirect, or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
2.5 Shipping Policy
(a) Shipping Time. any delivery dates provided by Shadmart are estimates. shipping time is calculated from the date the order is in "Paid" status. shadmart reserves the right to make deliveries in installments. shadmart will send you an email when your order has shipped and you may review your order and shipping information by visiting shadmart.com/tracking. We ship within Bangladesh, South East Asia, Middle East Countries, the European Union, and many others throughout the world. A complete list can be found in the section while placing an order. Sometimes due to customs clearance problems, natural disasters and virus outbreak your shipment might be delayed. You agree to wait for receiving the products unless and until we make sure if it's lost or damaged. If the goods are lost or damaged on transit, shadmart will give you a refund.
(b) Shipping Cost: We try our best to give an accurate estimation of product weight so that customers only need to pay International Shipping cost one time, we also will cover the extra cost when it is not much in order not to bother customers, but sometimes the estimated product weight is way too much from actual weight or the International Airfare Charge changes.. Then, we will contact you for extra international shipping cost. You agree to pay extra shipping cost in this case.
(c) Due to unavoidable circumstances, goods may be lost from Bangladesh or any other airport customs. In this regard, Shadmart will provide you refund.
2.6 Return Policy
At Shadmart, we’re committed to you. We’re able to offer you amazing discounts because we don’t house inventory after our sales end, and therefore cannot process returns except in very limited circumstances. The goods you order, are directly shipped from our China warehouse to your doorstep and therefore cannot process returns except in very limited circumstances.
All Electronic Item: You must collect the electronic product from our Office. If it's DEAD ON ARRIVAL/BROKEN/DAMAGED) you are eligible for a full refund.
Clothes, Shoes, Bags and Fashion Accessories, following terms and conditions, apply:
1) Damaged product: Please check while you receive the product from the courier company. If it's damaged, kindly return it back to the delivery man immediately. Accepting a damaged product will render the return policy ineffective.
2) Wrong delivery: The product delivered, doesn't match with the order details. (e.g customer ordered size 40 shoe, we sent size 42).
3) Incomplete Product: For multiple items sometimes some suppliers in China delays the delivery. In that case, we send you the goods which we already received in our Bangladesh warehouse. So in this case, please wait another week, to receive other items.
4) Exchanges. We do not accept any Product Exchanges.
If your case should match any of the above-mentioned categories, please take a few close-up photos of the product, attach them to an email mentioning the issue along with your order ID number and fill out the form here shadmart.com/dispute. Once you have submitted for a dispute, kindly allow our dedicated disputes team to investigate the issue and they will get back to you within 2 to 5 working days with a resolution.
The return policy is ineffective if:
1) More than 72 hours have passed from the time of receiving the product (size issue only).
2) Product colour varies due to photography, lighting sources, or your monitor setting.
3) Size difference within 1-4 CM due to measurement standards of different manufacturers.
4) Not satisfied with the quality.
5) The product has been used.
*Customers who confirm that they have received their goods are confirming that their goods arrived in good condition. Disputes will not be entertained after confirmation of order. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from shadmart. You are solely responsible for the cost of shipping the returned Product. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit at our sole discretion.
Any other item, except Shoes, Bags, Clothes, Fashion Accessories, and Electronics items, you agree that you understand what you are ordering. If the product is not damaged/faulty, a return is not acceptable.
3 Web site
3.1 License. Subject to the terms of this Agreement, shadmart grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. shadmart may terminate this license at any time for any reason.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of shadmart; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without shadmart’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without shadmart’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.
3.3 Modification. shadmart reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice. You agree that shadmart will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site or any part thereof.
3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by “Sienbo International Trading Company Ltd.” and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. shadmart reserves all rights not granted in this Agreement.
4 User Content
4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to shadmart by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by shadmart. Because you alone are responsible for your User Content (and not shadmart), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. shadmart is not obligated to backup any User Content, makes no representation that it will do so, and you agree that shadmart may delete User Content at any time.
4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to shadmart an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site, shadmart social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
4.3 Feedback. shadmart will treat any feedback, communications, or suggestions you provide to shadmart as non-confidential and non-proprietary. Thus, in the absence of a written agreement with shadmart to the contrary, you agree that you will not submit to shadmart any information or ideas that you consider to be confidential or proprietary.
5 Acceptable Use Policy
The following sets forth shadmart’s “Acceptable Use Policy”:
5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.
5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your shadmart Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your shadmart Account username and password, IP address and traffic information, usage history, and your User Content.
6 Third Party Sites and Other Users
6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of shadmart and shadmart is not responsible for any Third Party Sites. shadmart provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that shadmart will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.
6.3 Release. You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Web site users or Third Party Sites.
THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
SHADMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND SHADMART WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT SHADMART. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.
8 Limitation on Liability
IN NO EVENT SHALL SHADMART, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SHADMART IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold shadmart, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your violation of this Agreement. shadmart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of shadmart. shadmart will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10 Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. We may (a) suspend your rights to use the Web site (as well as your shadmart Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Web site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your shadmart Account and right to access and use the Web site will terminate immediately. You understand that any termination of your shadmart Account may involve deletion of any User Content you may have posted. shadmart will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your shadmart Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-13.
12 Intellectual Property
shadmart respects the intellectual property of others and asks that users of our Web site do the same. Except as authorized in Section 3.1 of this Agreement, you are not permitted access or use of any of shadmart’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Web site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Web site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Web site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
13.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of these terms and conditions.
13.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules of that state or any other state.
13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without shadmart’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
14 Offers, Promotions, and Customer Credits
shadmart may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to shadmart). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met.
Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.
shadmart reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. shadmart reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by shadmart. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If shadmart terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by shadmart and such determination is final.
Revised on December 2nd, 2019