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TERMS AND CONDITIONS

 

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF OUR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

Last Updated: February 1, 2022

1. GENERAL

1.1 Scope. Welcome to ahaselected.com. This Terms & Conditions (“Agreement” or “Terms”) is a contract between you and Ahaaha Global Limited (collectively, "AHASELECTED," "we," "us," or "our"), governing your use of our website at ahaselected.com (the “Site”), any mobile applications (“Apps”) that hyperlink to this Agreement, or any other websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the “Services”).

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile applications, registering an account, or contributing content or other materials to the Site or on or via the Apps, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.

In addition, you may read our Privacy & Cookie Policy at any time for more information about how AHASELECTED collects, stores, and protects your information when you use the Services. Our Privacy & Cookie Policy is hereby incorporated by reference into these Terms & Conditions as though fully set forth herein.

1.2 Updates to the Terms. We reserve the right to modify the Terms of Use, including the Privacy & Cookie Policy, at any time, at our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you to notice of the amended agreement. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or another manner.

Your failure to cease the use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

1.3 Acceptance of Terms. To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.

If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us anytime by email at  services@ahaselected.com.

2. USE OF OUR SERVICES

2.1 Representations. When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, AHASELECTED hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by AHASELECTED in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Services or any portion of them unless expressly permitted by AHASELECTED in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by AHASELECTED in advance. AHASELECTED reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful. AHASELECTED may assign you a password and account identification to enable you to access and use certain portions of the Services.

Additionally, you agree not to:

  • Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
  • Use any robot, spider, or another automated device, process, or means to access the Service for any purpose;
  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
  • Otherwise attempt to interfere with the proper working of the Service.

2.3 Account Creation and Termination. To access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access, confirm your agreement on the Terms and Conditions updated by AHASELECTED from time to time and use the Site or Apps in a manner consistent with the terms and conditions of this Agreement, and AHASELECTED has no obligation to investigate the authorization or source of any such access or use of the Services.

You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify AHASELECTED of any unauthorized use of your password or identification or any other breach or threatened breach of the Site or App's security.

From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the “Contact Us” section below.

2.4 Customs. By Customs regulations, customers must provide valid and accurate data. All consignee names, addresses, and payers' names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customer’s sole responsibility for the accuracy of the data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not be held responsible and will not offer any compensation in such cases. As the importer, customers are responsible for complying with all laws and regulations in their own countries. Please refer to our Privacy & Cookie Policy for more information.

3. PRIVACY & COOKIE POLICY

When you use our Services and place orders through them, you agree to provide us with your email address, postal address, and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary

We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy & Cookie Policy.

4. ERRORS

In case you detect that an error occurred when entering your data during your registration as a user of our Services, you can contact us to modify them in the section "My Account". In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy & Cookie Policy through our Site and Apps. The Services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Services offer details of all the items you have added to your shopping cart during the purchase process so that before making the payment, you can modify the details of your order.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or the email address above to correct the error.

While AHASELECTED strives to provide accurate product and pricing information, pricing or typographical errors may occur. AHASELECTED cannot confirm the price of an item until after you order. If an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, AHASELECTED shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

5. TRADE RULES

5.1 Price and Payment. All prices are exclusive of Sales & Use Tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. All prices are correct at the time of entering the information into the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to you or the original method of payment.

All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus Sales & Use Tax and other applicable taxes.

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. If you are a registered user, a record of all the orders paid by you is available in the "My Account" area. You may use, as a payment method, the following methods: PayPal and Stripe.

To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization of your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order has been placed.

When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

5.2 Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

5.3 Packing. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by you will be paid for by you.

5.4 Shipping & Delivery. AHASELECTED ships from different warehouses in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within 180 business days, please contact by email at services@ahaselected.com.

5.5 Title and risk of loss. Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to the Buyer. Any claim of the Buyer relative to damage during shipping or delivery should be made directly to the carrier or AHASELECTED first and then assumed by the carrier. Any claims by Buyer against AHASELECTED for shortage or damage occurring before such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by the original transportation bill signed by carrier noting that carrier received the goods from AHASELECTED in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with AHASELECTED until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in AHASELECTED.

5.6 Return of product. Goods can be returned in a designated period. The exact return period and return policy differ from country to country. Please contact our customer service for detailed information. Customers returning goods are responsible for freight charges.

Wrong-size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued for delivery and return. The refund will be paid to the original method of payment.

Certain items and gifts cannot be returned. For more detailed information, please contact our customer service for final confirmation. 

5.7 Reviews, Comments, and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the ahaselected.com, including, without limitation, pictures, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to AHASELECTED without charge and AHASELECTED shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of AHASELECTED and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by AHASELECTED in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes, or third-party claims. AHASELECTED assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend for and indemnify AHASELECTED against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant AHASELECTED the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by AHASELECTED will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead AHASELECTED or third-parties as to the origin of any Submissions or content. AHASELECTED may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or others who are under the age of 18.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 Content. The Site and Apps, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to AHASELECTED, to third-party sellers, or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly.

6.2 AHASELECTED Marks. In addition, the “AHASELECTED” trademarks, service marks, icons, graphics, wordmarks, designs, and logos contained therein (“Marks”), are owned by Ahaaha Global Limited. “AHASELECTED” and the Marks of AHASELECTED are trademarks in the United States and other countries for which applications are pending or registrations have been issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The AHASELECTED Marks, whether on any product offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of the Site, is not a representation that Ahaaha Global Limited is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. Ahaaha Global Limited sources some of its products from third-party manufacturers and wholesalers.

6.3 Rights Reserved. Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of AHASELECTED or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services, provided by you to us are non-confidential and shall become the sole property of AHASELECTED.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website or the Content therein.

7. THIRD-PARTY LINKS AND RESOURCES

Our Site and Apps may contain links to third-party sites that are not owned or controlled by us.

We have no control over, assume no responsibility for, and do not endorse or verify any third-party sites or services' content, privacy policies, or practices. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

8. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including but not limited to, among others, the following:

  • Strike, lockout, or other forms of protest.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
  • Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
  • Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by the Terms or other contracts despite the situation of Force Majeure.

9. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS

9.1 AHASELECTED Liability. Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of a said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

  • in case of fraud or fraudulent deceit; or
  • in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

9.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

  • loss of income or sales;
  • operating loss;
  • loss of profits or contracts;
  • loss of forecast savings;
  • loss of data; and
  • loss of business or management time.
  • Due to the open nature of the Services and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained using the Services, unless otherwise indicated expressly on the Services. All product descriptions, information, and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that conform with the mutually intended transaction, by commercially reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.

10. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF AHASELECTED TO YOU.

  • (1)BY USING THE SERVICES PROVIDED BY AHASELECTED, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AHASELECTED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  • (2)WE MAKE NO PROMISES CONCERNING, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
  • (3)YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AHASELECTED WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AHASELECTED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
  • (4)YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE THE USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

11. LEGAL DISPUTES AND ARBITRATION AGREEMENTS FOR USERS IN THE UNITED STATES AND CANADA

Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

11.1 Initial Dispute Resolution. We are available by email at services@ahaselected.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

11.2 Agreement to Binding Arbitration. If we do not reach an agreed-upon solution within thirty (30) days from the time informal dispute resolution is pursued under the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms & Conditions (including their formation, performance, and breach), your and our relationship, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, by the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator by the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms of Use, including, but not limited to, any claim that all or any part of the Terms & Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms & Conditions shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.

11.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver outlined in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.

11.4 Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

11.5 California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

11.6 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out by emailing us at services@ahaselected.com. The notice must be sent within thirty (30) days of your agreement to the Terms & Conditions, otherwise, you shall be bound to arbitrate disputes by the terms of this Section. If you opt out of these arbitration provisions, we also will not be bound by them.

11.7 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions. In the event of litigation relating to the Terms & Conditions or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

12. LEGAL TERMS

12.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

12.2 Entire Agreement; No Waiver. These Terms, together with our Privacy & Cookie Policy, and any other legal notices published on the Site or Apps, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No waiver of any term of the Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

12.3 Indemnification. You agree to release, indemnify, and defend AHASELECTED and any subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

12.4 Interpretation. In construing or interpreting the Terms & Conditions, headings are for convenience only, and not to be considered.

12.5 Applicable Legislation and Dispute Resolution. These Terms shall be governed by and construed by the laws of Hong Kong. Any dispute, controversy, difference, or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be in Hong Kong.

13. SMS Terms and Conditions

AHASELECTED SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)

By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from AHASELECTED and others texting on its behalf, at the telephone/mobile number(s) that you provide. You may opt out of these communications at any time. Consent to receive text messages is not a condition of any purchase.


13.1 Program Description

AHASELECTED text messages are intended to provide you with marketing and promotional information regarding AHASELECTED products and services (e.g., events and promotions offered by AHASELECTED or any of its authorized dealers). We may also provide you with transaction-related information.

13.2 How to Opt-In

To opt-in to receive text messages from an AHASELECTED text messaging program(s), please proceed to the AHASELECTED website below and click on “Subscribe Ahaselected” Once the email address and mobile phone number are entered, by checking the box, you agree to receive promotional messages from AHASELECTED

13.3 How to Opt-Out

To stop receiving text messages from a specific AHASELECTED text messaging program, text STOP to the 10-digit number for the text messaging program from which you no longer wish to receive messages (i.e., a 10-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from AHASELECTED confirming your opt-out of that text messaging program. Following such a confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of that five-digit shortcode's specific text messaging program. You will remain opted into other AHASELECTED text messaging programs.


13.4 Support/Help

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., 10 digit number from which its text messages are being sent). You may also receive help by contacting AHASELECTED Customer Care email: services@ahaselected.com .

 

13.5 Message Frequency

The number of AHASELECTED text messages that you receive will vary depending on which AHASELECTED text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.

 

14. AHASELECTED MARKETPLACE

Product pages contain information provided by third-party sellers and other content providers. Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or miscategorized. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions. We don’t guarantee the accuracy of any other information on product packaging.

15. CONTACT US

We welcome your questions and comments about our privacy practices or these terms. You may contact us by email at services@ahaselected.com.

 

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