Terms & Conditions of Sale
[The proof of content of this page as of 2/18/2024 is archived at Terms & Conditions of Sale - Payhip (archive.org)]
HOLIDAY NOTICE
CHINESE NEW YEAR 2024
Please note that, in 2024, the Chinese New Year holiday (a.k.a. Spring Festival) will last from February 10th to February 17th, according to the Chinese government's official announcement. During that time, most businesses and government offices will be closed, which will include our suppliers, our local express delivery services and our shipping logistics provider.
During those dates, we will be unable to process or ship your order (as much as we would like to be able to go on with business as usual). We will adjust our order-handling time to reflect the national holiday shutdown. Please keep this in mind when placing your order. This notice supersedes all other statements concerning order-handling time stated herein or within product listings.
Applicable Law and Jurisdiction
In the event of any disputes, claims, or other legal matters arising from or in connection with the purchase, use, or sale of products by Larry Linthic Limited Co., (us/we) the following terms and conditions shall apply:
Governing Law: The laws of the United States of America, specifically the state where we are located, shall govern all matters concerning the purchase, use, or sale of products.
Jurisdiction: The buyer (you) and we consent to the exclusive jurisdiction of the courts located in the state where we are located, for any and all disputes, claims, or other legal matters arising from or in connection with the purchase, use, or sale of products.
Choice of Forum: You and we further agree that any dispute, claim, or other legal matter arising from or in connection with the purchase, use, or sale of products shall be resolved by the courts located in the state where we are located, and you and we hereby waive any right to have such disputes, claims, or other legal matters resolved in any other forum.
Severability: If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, such provision shall be deemed void, and the remaining provisions shall continue in full force and effect.
Waiver: The failure or delay by either you or us to exercise any right, power, or remedy under these terms and conditions shall not operate as a waiver, nor shall it affect that party’s right to exercise such right, power, or remedy in the future.
Entire Agreement: These terms and conditions, together with any terms, policies, or guidelines referenced herein, constitute the entire agreement between you and us concerning the purchase, use, or sale of products, and supersede any prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral, between you and us.
If you, and/or your banking institution or credit card processor on your behalf, take any action (including but not limited to a forced refund effected by a payment chargeback or reversal) which is in contravention of these terms that causes us to incur a financial loss, we may take legal action seeking restitution for such damages. In that event, you agree that, if the Court finds that such action has constituted a violation of these terms, you will pay, in addition to the principal sum of our incurred loss, an amount sufficient to cover usual, customary and reasonable costs to cover our court fees, attorney's fees, and collection fees to pursue said legal action.
Shipping
Pre-shipment Order Processing
Please note that our Handling Time is the number of days we are allotted to prepare your shipment to be sent out. We may use the handling time to consolidate multiple orders and send them in batches to the central Yanwen logistics facility in southern China for overseas shipment.
Our handling time for most products is 5 business days, although a different, overriding handling time may be shown for certain products on their description pages. If multiple products are purchased in a single order, the longest handling time that may be specified for any of the products in that order will apply to the entire order.
Please do not send us inquiries about the shipping status of your order before the Handling Time has elapsed. We invariably do ship out orders on time, which means within the Handling Time.
Restricted Shipping Destinations
The carriers we use for international shipments cannot ship to Post Office Boxes or APO/AFPO addresses (i.e. military bases which designate their home nation as the country of address rather than the foreign host nation in which they are really situated). Similarly, no overseas territories or protectorates can be shipped to unless the address shows the name of the territory or protectorate itself as the country (as examples, Puerto Rico and Guam cannot be shipped to via "USA" addresses: Puerto Rico or Guam must be named as the country of address).
Economy Shipping to the United States is limited to the contiguous 48 States (not including Alaska or Hawaii).
Standard Shipping to the United States must be selected for destinations in Alaska and Hawaii, to which Economy Shipping is not available. Customers in other States may elect for either Economy Shipping or Standard Shipping where offered.
Tracking Information
We will provide you with an assigned Yanwen Logistics international tracking number for each order when we send it off to Yanwen's sorting facility. Note that the international tracking number will begin to show tracking status updates only when Yanwen has scanned the parcel. Although our two-stage shipping process involves an interim period of a few days between the tracking number's issuance and Yanwen's receipt and processing of the parcel, we have already factored this in to the estimated time-frame for delivery. Barring any unforeseen delays with international or domestic postal services (which are not within our control) you should expect to receive your parcel within the estimated time for delivery that was indicated when you placed your order. Generally, once the parcel has reached the destination country, an associated domestic Postal Service tracking number also begins to reflect status on the Postal Service's website (USPS or Canada Post, as examples).
Import Tariffs / Customs Duties
Our prices and our quoted shipping costs are not inclusive of VAT, GST, or other such taxes which may be assessed in the form of Customs Duties/Import Tariffs by your country's Customs Bureau or any handling fees or other auxilliary fees that might be charged by your domestic postal service/carrier in relation to the collection of those taxes. Shipments are, unless otherwise explicitly stated, sent on a "DDU" Incoterm basis, meaning that the parcel will be "Delivered, Duty Unpaid". It is the recipient's responsibility to pay any such taxes and fees due at the time of delivery in order to receive the parcel.
Cancellations
We do not allow for cancellations after payment has been made, unless we discover that the ordered product is unavailable or, for some other reason, cannot possibly be shipped out within the specified handing time and/or delivered within the originally estimated timeframe, in which case we will advise you of the delay and either A) offer you the option of waiting until a newly estimated ship-out and/or delivery time or cancelling the order, or B) initiate a cancellation and refund to you for the order.
No Right of Withdrawal or similar "cooling off period", such as applies in the E.U. and the U.K., is applicable to purchases made from us, as we are not a seller based in these countries and not subject to such regulations. For your edification on this matter, we refer you to the statement of the Department of Enterprise, Trade and Employment of the Government of Ireland*, which makes clear that neither Irish nor E.U. consumer laws apply to purchases made from a trader based outside of the European Union or European Economic Area.
Returns & Refunds
We do not accept returns except in cases where there is a defect, damage, or other deficiency with the product at the time of delivery which has been verified as described below.
Please note that we video record the unsealing and unpacking of all returned parcels and inspection of the goods within as evidence of the received condition of returned items.
Concerning Claims of Damage, Defects, Missing or Incorrect Items upon Delivery
You agree to accept delivery of your parcel, even if the parcel or its contents appear to be damaged.
To qualify for a return and/or refund pursuant to a claim that an item is not as described, the fact of the damage, defect, missing or incorrect item or other deficiency must be verified by your provision to us, within 30 calendar days after shipment tracking shows delivery, of sufficient video evidence of the claimed condition and/or functional state of the items you received from us upon their arrival (still photographs cannot and do not constitute such evidence); failing your provision of which video evidence, the claim will not be regarded as bona fide and will not be honored.
Sufficient video evidence of such above-described deficiencies upon arrival will be obtained by following this procedure:
- Upon receiving the parcel, before opening it, place it on a table and begin a continuous, unsegmented video recording ―keeping the parcel and all items within the same video frame during the entire time of recording― showing that all sides of the parcel are still sealed (unless the parcel arrived unsealed, in which case you must show the official printed notice from the shipping carrier acknowledging that fact), followed by the unsealing and unpacking of the parcel showing whether any items being taken out of the parcel (until it is shown to be emptied of all contents) are damaged, defective, missing or incorrect.
- Upload the video recording to a publicly accessible video-hosting website and provide the hyperlink for us to view it when you contact us about the problem.
Upon verifying such video evidence of a deficiency, we will, at our option, offer you either A) a full or partial refund or B) replacement item(s) which adequately compensate for the deficiency. Such refund or replacement will, at our discretion, be contingent upon your first returning the defective or damaged item(s) to us at an address and using an RMA number that we designate for that purpose. Should we require you to first return such item(s) to us, we will arrange to either compensate you or pay the shipping carrier directly, whichever the circumstances may warrant, for the reasonable cost of return postage.
Concerning Parcels Lost or Delayed During Shipping (Non-delivery)
The definition of "delivery" or "attempted delivery", in addition to a direct delivery effort by the shipping carrier itself, here also includes the Customs Bureau's making of your parcel available to you for collection in accordance with the laws and/or conventions of your nation, regardless whether any Customs tariff is levied.
If shipment tracking reflects that your parcel has been delivered or attempted to be delivered, and our copy of the carrier's shipping label (which we provide you) shows that we properly addressed the parcel to your designated address, this will constitute the fact of delivery of your parcel to the fullest extent of our obligation, and you agree to hold us blameless:
You are responsible for the security of parcels once they are delivered to your address. A carrier (unless otherwise specified in the terms of the selected shipping service) is not required to personally hand over a package to you or obtain your signature and may leave a parcel in any location at your address which it deems reasonable, including in your mailbox, at your doorstep, on the porch, etc.
If your shipped parcel has not, according to shipment tracking status details, either been delivered or attempted to be delivered within 15 calendar days after the latest estimated delivery date that we quoted to you, we will offer you a full refund for the undelivered items on the condition that you agree that, if and when that parcel is eventually delivered and the items arrive in good condition (as evidenced by the aforementioned video-verification procedure), you will then, within 15 calendar days after delivery, at your discretion either A) repay us the refunded amount in order for you to keep the items or B) initiate the return of the items to us via a trackable shipment method at your expense of postage to the address we designate for that purpose.
Your failure to accept delivery of a parcel which we properly addressed to your designated shipping address, whether that may be due to your unavailability to receive it or your refusal to accept delivery, does not constitute non-delivery and is not a valid basis for claiming a refund for non-delivery. In most cases, if a carrier or the Customs Bureau has made what it deems a reasonable effort to make your parcel available to you, it will, after a certain number of days in accordance with its own policies, be expected to regard the unclaimed parcel as abandoned and arrange for its disposal/destruction. You agree to hold us blameless in such an event.
If you fail to accept delivery of a parcel which we properly addressed to your designated shipping address, and it is actually returned to and received by us as a consequence of that, then the parcel will be regarded as an unauthorized return, your order will not be cancelled or refunded, and you will need to pay for the repeat-shipping cost plus an Unauthorized Return Handling Penalty equal to 20% of your originally paid price of the items in order for us to resend the parcel to you. If you do not make said repeat-shipping payment within 90 days after our receipt of said returned items, we reserve the right to keep the items, cancel your order and, provided that the items are still in their original, new condition, issue a refund for your originally paid price of the items (i.e. no refund for the original shipping cost) less a 50% restocking fee and less the fee which our payment processor, Stripe, charges us for issuing the refund. If said items are received by us in damaged condition, as evidenced by our video recording of the opening and inspection of the items within the returned parcel, there will be no amount of refund issued for such items.