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1. General

These Terms of Use set out the terms and conditions on which we supply Products to you.

References in these Terms of Sale to “you”; “your”; or the “customer” shall mean the person purchasing the Products.

References in these Terms of Sale to “we”; “our”; “us”; “seller” or “GAOMON” shall mean Gaomon Technology Co., Limited.

Reference to “Products” in these Terms of Sale shall mean a graphics tablet, light box, and accessories made available for sale by GAOMON on our website.

When we use the words “writing” or “written” in these Terms of Use, this includes emails.

Please read these Terms of Sales carefully before you submit any order to us. These Terms of Sales tell you who we are, how we will provide Products to you, how the contract may be changed or terminated, what to do if there is a problem, and other important information.

Please contact us using the details set out in section 19(Contact Us) if you would like further information or if you think that there is a mistake in these Terms of Sales.

2. Our Products

The images of the Products on our website are for illustrative purposes only. Although we have made every effort to ensure the accuracy of Product images on our website, your Product may vary slightly from those images (e.g., by color).

3. Contract For The Purchase Of Product(S)

By placing an order using the online checkout process on our website, you are making an offer to us to buy the selected Product(s).

Your offer to purchase Products will be considered by us and will be accepted at the earlier of (i) you receiving an Order Confirmation Email with title “Thank you for choosing GAOMON”or (ii) delivery of the Product(s). The contract will not be accepted until this point.

We may refuse to accept your order where:

  • The Product is no longer in stock;
  • The Product is no longer being produced;
  • There is a price fluctuation;
  • We cannot obtain authorization for your payment or we do not receive payment;
  • A credit reference we have obtained for you does not meet our minimum requirements;
  • There is reasonable suspicion of fraud.

    If this is the case, GAOMON will cancel your order, notify you of the cancellation, and refund the money you have paid toward the order in a timely manner.

    Unless provided for otherwise under applicable law, a refund of money you have paid towards an order will be the extent of GAOMON’s liability for any canceled order.

    4. Payments

    Prices and currencies displayed at checkout are final. GAOMON does not charge extra transaction fees. You agree that GAOMONshall not be held liable for any fees in addition to those displayed at checkout.

    If you are paying for your order with an international credit or debit card, the price displayed in your card statement may vary based on exchange rates. Your bank or card issuer may also charge additional foreign conversion charges and fees, which may increase the overall cost of your purchase. Please contact your bank or card issuer regarding any fees incurred.

    The personal information you provide when making a purchase will be processed electronically by GAOMON for the payment of the order and for anti-fraud control.

    5. Cancellations

    GAOMON makes every effort to supply the Products listed in your Order Confirmation. In some situations, however, we will need to cancel your order. For example, if:

    • We are legally required to do so;
    • The item is no longer in stock;
    • A third party notifies GAOMON that cancellation is necessary;
    • We have a reasonable suspicion of fraud.

      Incomplete shipping address information or failure to update required shipping details via email/call when asked may result in order cancellation.

      If this is the case, GAOMON will cancel your order, notify you of the cancellation, and timely refund the money you have paid toward the Order.

      Unless provided for otherwise under applicable law, a refund of money you have paid toward an order will be the extent of GAOMON’s liability for any canceled order.

      6. Warranty Policy

      Purchase on store.gaomon.net comes with twelve (l2) months limited warranty, starting from the date of delivery.

      Unless otherwise specified, this warranty covers the hardware components of the Product as originally supplied and does not cover, or partially cover software, consumable items, or accessories even if packaged or sold together with the Product.

      The limited warranty only covers product defects caused by workmanship or build materials. To make a claim, present your original Proof of Purchase (invoice), model and serial number of the product, and photo and video evidence of the product’s defects to GAOMON Customer Service at After-sales or email (service@gaomon.net) us.

      Any repair and replacement service covered by the warranty policy, along with shipping and handling, will be free within the twelve (l2) months period.

      GAOMON may use rebuilt, reconditioned, or new parts and components when repairing any product. Alternatively, we may replace the defective product entirely with a rebuilt, reconditioned, or new GAOMON product.

      Please note that we offer after-sales assistance for orders made on GAOMON Official Store. GAOMON accepts no liability for orders placed beyond GAOMON Official Store.

      The limited warranty does not cover:

      • Defects or damage resulting from accidents, neglect, misuse, or abnormal use; defects or damage caused by abnormal conditions or improper storage; exposure to liquid, moisture, dampness, sand, or dirt; unusual physical, electrical, or electromechanical stress.
      • Scratches, dents, and cosmetic damage, unless caused by GAOMON.
      • Defects or damage resulting from excessive force or use of metallic objects on the touch screen.
      • Devices that have the serial number removed, defaced, damaged, altered, or made illegible.
      • Ordinary wear and tear.
      • Defects or damage resulting from the use of the product in conjunction with accessories, products, or ancillary/peripheral equipment not furnished or approved by GAOMON.
      • Any physical feature defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by GAOMON.
      • Defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source.
      • Products not purchased from store.gaomon.net or authorized resellers (we recommend that you contact the point of sale for support).
      • Products purchased outside of the officially supported GAOMON Store
      • Repair(s) conducted by unofficial repair centers.

        7. Return and Replacement Policy

        GAOMON graphics tablets and accessories are made to the highest standards and undergo rigorous testing. If you are not satisfied with your GAOMON product for any reason, you may request a return within seven (7) calendar days of delivery (or 30 days from the date of purchase). Once we have approved your request, we receive your product, and such a product passes inspection, we will give you a full refund in accordance with the price you paid for the product, but we are not able to refund any shipping fees paid.

        About the returned item:

        • Must be in undamaged condition and with original packaging.
        • The return shipping fee for the Return/Replacement items will not be covered by GAOMON.
        • This warranty is only redeemable within the original region of purchase.
        • We may choose not to accept returns in certain situations, including, without limitation, the following circumstances:
        • Defects or damages caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear or incorrect installation after purchase.
        • Price fluctuations being the sole reason for return.
        • Customized customer contracts.

          In all cases, we will inspect the product(s) and verify any fault. To qualify for a replacement or refund, devices must be in undamaged, ‘as new’ condition, and with the original packaging. We reserve the right to refuse a refund if the product returned is reasonably deemed to have been damaged.

          Please contact GAOMON customer service to request a return at After-sales. Without a verified customer return request, the returned package will be declined.

          8. Shipping Policy

          Dispatch: Orders are shipped within two (2) business days of payment. Orders made during promotional periods and special events may have longer shipping times, at the discretion of GAOMON. In such cases, customers will be separately informed in advance.

          Inspection: All goods are inspected and sealed before delivery to avoid damage.

          Status Updates: GAOMON will update you with the tracking number of your order status via email. Orders cannot be canceled once they have reached “shipped” status.

          Shipping Time Calculation: How is shipping calculated?
          Shipping is calculated based on the shipping address and shipping method. The following options can be selected during checkout:

          • Standard Shipping (2 business days processing time + 10-15 business days shipping time)
          • Expedited Shipping (2 business days processing time + 3-7 business days shipping time)

            Disclaimer:
            Please note that all delivery dates are estimates only. Additional charges will be necessary for shipping addresses in remote locations. We are unable to ship to PO Box and Military addresses.
            Using forwarding company addresses is not recommended as tracking information will be beyond our system monitoring.

            Please note that guaranteed seven to fourteen business days shipping will not be available in the following circumstances:

            • The customer schedules delivery at a fixed time;
            • The customer provides incomplete or incorrect address information;
            • The customer is not home or available at the time of delivery;
            • The customer requests self-pickup at a post office;
            • Extreme weather conditions or other force majeure events.
            • For the avoidance of doubt, “unofficial” means not purchased through store.gaomon.net or from an authorized GAOMON partner.

              9. Force Majeure and Limitation of Liability

              Neither party will be responsible for any delay or failure to comply with these terms if the delay or failure arises from any cause beyond their reasonable control (wars, natural disasters, extreme weather conditions, etc.).

              GAOMONshall also not be held liable for any losses due to the fault of third parties, including, without limitation, packages that are lost or stolen in transit; damages caused by incorrect or improper usage of the products; or other losses or damages attributable in full or in part to third parties.

              10. No Waiver

              We retain the right to take action at any time in the event of failure to comply with these terms.

              11. Intellectual Property

              a. Nothing herein shall be construed as granting a license to any trademarks, copyrights, patents, design patents, mask works, trade dress, or any other forms of intellectual property of either GAOMON or its licensors. GAOMONexpressly reserves all rights..

              b. We own or have a right to use all intellectual property rights in our website, including all content. You agree that you will only use our website for personal, non-commercial use.

              12. Personal Data

              By making a purchase via store.gaomon.net, you consent to your Personal Data being transferred, stored (both electronically and manually) by GAOMONto GAOMON’s affiliates and business partner(s) for the purposes of processing payment, fulfilling your order, and/or maintaining records of purchase and customer relationship. You hereby agree that such usages shall constitute legitimate business needs for GAOMON.

              For the purposes of this Agreement, “Personal Data” may include, but is not limited to name, email address, date of birth, ID number, home address, contact information, and purchase history on store.gaomon.net. Your Personal Data shall be retained by GAOMON and its partners only as long as it may be needed.

              GAOMON undertakes to ensure that it and its partners will take appropriate measures to protect your Personal Data and use your Personal Data only for the purposes described in this Agreement.

              You further agree that GAOMONshall not be held liable for the misuse of your Personal Data by any third party arising from or relating to your usage of this website.

              Please refer to our Privacy Policy for more information.

              13. Disclaimer

              EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS OF USE OR AS REQUIRED UNDER APPLICABLE LAW, GAOMONPROVIDES ITS GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GAOMON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES - EXPRESS, IMPLIED, OR OTHERWISE - INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABSENCE OF HIDDEN DEFECTS.

              14. Limitation of Liability

              TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR PAYMENTS EXPLICITLY OUTLINED IN THIS AGREEMENT, EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR A PARTICULAR PRODUCT OR SERVICE.

              Except for GAOMON’s warranty obligations and serious bodily harm, fraud or fraudulent misrepresentation, or any other damage that cannot be excluded under applicable law, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, REVENUES, OR INCOME, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR INDIRECT, SPECIAL, ECONOMIC, PUNITIVE, INCIDENTAL, COVER, OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

              15. Void Where Prohibited

              These Terms are void where prohibited:

              If any provision or part-provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

              If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

              16. Export Control

              The Products may be subject to export controls. You shall comply with applicable export control laws of the United States, the European Union and its member States, and other countries, the United Nations Organization and any other country/region not in conflict with U.S. law with respect to the export, re-export, transfer, sale, or resale of the Products.

              17. Miscellaneous

              Severability. Each term and provision of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.

              Inurement. These Terms of Use will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

              Assignment. You may not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. However, we may transfer our rights and obligations under this Agreement to another organization.

              No Waiver. The waiver by either party of a breach, default, delay or omission of any of the provisions of these Terms of Use by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions

              Force Majeure. Either Party shall be liable for delay in performing obligations or for failure to perform obligations hereunder if the delay or failure results from: force majeure, an Act of God, or any governmental act, fire, earthquake, explosion, accident, industrial dispute, civil commotion, acts of terrorism or anything beyond the reasonable control of either Party and not involving any fault or negligence of the Party affected (a “Force Majeure Event”).

              Dispute Resolution.These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of China.

              Rights of Third Parties. A person or entity who is not party to them Terms of Use shall not have any rights under or in connection with them.

              18. Changes

              We reserve the right to update this document at any time without prior notification.

              We reserve the right to update these Terms of Use at any time without prior notification by updating our website accordingly.

              Subject to Section 19 below, you will be bound by the version of the Terms of Use in force at the time you enter into a contract.

              GAOMON may be required to amend the Terms of use to which you are subject for the following reasons:

              • Where we are required to make such changes under applicable law or regulations; and/or
              • Where we notify you of the change to these Terms of Use before we accept your order and you do not inform us that you do not accept these terms.

                It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

                19. Contact Us

                Please contact us using the details set out below if you have any questions about these Terms of Use. You may contact us by sending correspondence to that address or by emailing us at service@gaomon.net.