Terms of Service

User service agreement

1. Service premise

<User service agreement>(Hereinafter referred to as "This Agreement") is the agreement you signed with us about your opening, browsing,registering, signing, in using(Hereinafter collectively called “using”). The website and us provide agreement about the rights and obligations of both parties shall be agreed on products and other related matters. The agreements, rules, announcements, instructions, notices, etc(Hereinafter collectively called “The website rules”)that has been published, may be published and modified aperiodically, are belongs to one part of this agreement, have the same legal effect with the agreement.

1.2. Theagreementis suitableforalltheuserspurchasing products through this website. Weprovide the all links ofproduct, including butnot limited to consult,negotiation, order, payment,delivery,after sale, etc.

1.3. No matter whether you arepersonaluser or business user,weareindependentsubject.In anycase, theagreementis notformthe express,implied guarantee orcondition.Both parts are not formthe relationshipof agency, partnership, joint venture or employment.

1.4. You completelyknow thewebsite isonlythewaytocomprehend related products, thewebsite has not the functionandproperty tooffer. You promise you won’t  make any promises, representations, declarations, warranties or guarantees in our name. You won’t file a claim or claim a right against us because oftheinaccurate representations or  unconsummated orders thathas no direct or material relationship with you.

1.5. Beforeyouusing the website,pleaseread and fully understand theagreement.If you areunder18 years old,pleaseread and fully understand the agreement with your statutory guardian, andafter getting the consent ofstatutoryguardian youcanusethe websiteorpurchase product.

1.6. Topromisetheservicequality, wehavetherighttounilaterallydecide toassign to our affiliates, partners and other third parties the provision or performance of thisagreement, thiswebsite and certain services or rights and obligations under orders in force between us and you.

1.7. Whenyou usingthe website, we default youhavealready read carefullyand fully understand the entirecontents in this agreement, youagree the promissory rights and obligations as a party of the agreement.You canchoose not to use this website if you don’t agree with the contents of thisagreement.

2.Aboutproducts

2.1. The productshaveslightly different withpictures. Although we tryour besttodisplay product shape and color precisely,we can’tpromise whether the differentdevices’ colordisplayisaccurately presenttheproduct shape and color.The videosandimages inthe website areonlyfor illustration. The productyou received might existsome slight differencebetween thesepictures.

2.2. Sample. If youwant toseethefinal product’seffect beforebulkorder, we advise youpurchase somesamples. However thesample makingrequires certain period andyou need topay the bill. Because thesamplesarecustomized products,you can’t change orpause after payment. Ifyou refuse topurchase thesamplesof customizedproducts, wewillnotshoulder any responsibility ofyourdesigns’ contents, sizes ordercontent error oryour orderorder contentcan’t match withourmanufacture condition causes any consequences.

2.3. Color difference.  Digitalprinting mightcause some slightly change in color. We monitor everydayinorder tokeep the printingeffect in the acceptablelevel, thecolor stillmightdifferent ineachprinting. Pleaseknowthat wecan’tpromise alltheproducts’ color in full accord.Color differences within the acceptable margin of error are not considered quality issues.

2.4. Packing.Packing mightdifferentfromthe pictures in thewebsite. Usually, packing willbe carried out according to the usual standards. Ifyou have special packing requirement, pleaseexplain and pay for custom packaging before youpayingtheadvance payment.

2.5. Size.Size ofproductisn’t the print design size, manufacture sizeshouldincluding accessory frame and holesite,depending on thelongestedges atthesame time. Ifwe manufacture according to the sizeyousupplied, youhavetheresponsibly ofmaking sure these dimensions are correct.

2.6. Customized content. Ourproducts are allcustomizedfor you. Making surethefinaleffect canmatchwith yourexpectation, please ensurethecontents(including but notlimited artwork contents, sizes, quantity,etc.)yousupply mustbeaccurate. We don’t shoulder anyresponsibility for defective causedbythe wrong contents yousupply.

2.7. Composing.Beforemanufacturing,wewill layout theartworks you supply andsend it to youremail,after your confirmation, considered correct andcanbeused for production. As fortheproblems causedby thelayout that confirmed by you, wedon’t shoulder anyresponsibility.

2.8. Qualitystandard. Other product qualitystandard refer tootherrules publishedon the website.

2.9. Smallaccessories and asphyxiation hazard.Ourproduct hassmallaccessories, ifswallow,itmight put you or others at risk of suffocation.Our product isn’t suitablefor children under3age. All the productsshould keep away from infants, young children. Wedon’t shoulderanyresponsibility forusing afterpurchasing.

3.About order

3.1. If you want to know the product information, you can contact us via email. We will communicate and confirm the price, delivery date and other order contents with you via email in advance.

3.2. When you finished the order contents discussion with us, we will send the quotation to you by email, this quotation is deemed as the offer. It means we couldn’t  provide the products because lacking of products, we couldn’t completely manufacture within the delivery deadline and the other reasons.

3.3. Please read the all purchasing information carefully within 5 workdays when you receive the  inspection form and pay the advance payment of a certain percentage of the total amount as required. We default that you agree with our offer when you paid the advance payment, the order is established and effective immediately, No paper or written contract required. If you didn’t pay the advance payment within 5 workdays after you received the quotation, we default our offer shall be deemed void, if you still need purchase product, please operate again according to 3.1 and 3.2.

3.4. When the order carries out, we need some information(such as your assigned artworks and other contents), so that we can fully understand your demands and provide the product to you. We will get related information via email, if you can’t provide the information in time or the information is incomplete or incorrect, we might terminate the order or ask for a reasonable amount of compensation for additional expenses. We wouldn’t shoulder any responsibility that delay in providing the products or non-provision of any part of the products due to your failure to provide us with the information.

3.5. Attention, if the order is established and effective, you can’t change the order contents. Please contact us in time, if you want change contents after the order has been effective, we will determine or suspend the fulfillment of the order and change it according to your situation. The order is in manufacturing, we will ask for collect fees for change order, and send the bill to your email. Please pay the costs incurred in changing the order within 2 workdays after you receiving the email, or it will be considered you give up changing the order, we will continue manufacturing according to original order.

3.6. If the order must be changed due to changes in relevant legal and regulatory requirements, changes in production technology and other reasons, we will make changes to the product and inform you in time, you can decide whether to change the order or terminate the order. If your order is terminated due to our reasons, we will refund you the full amount you paid us for the products that have not yet been shipped.

4. Delivery

4.1. We will arrange production after the order takes effect, you can contact us for specific production progress. If you need us to expedite production for you, please ask us to agree by email and pay the expedited production fee as required. We will start the expedited production process within 2 working days after receiving all the expedited production fee.

4.2. We will notify you to pay the balance by email after the production is completed, and you need to pay within 5 working days after receiving the payment notice. We will arrange delivery within 3 working days after you complete the balance payment. If you are late in paying the balance, we will suspend the shipment until you have paid the full balance to us. We will not be liable for the late payment resulting in delayed shipment and will be entitled to charge you interest. If you do not pay within 3 working days after receiving our demand notice, you will be deemed to have terminated the order and agree that we can dispose of your order products at will to mitigate our losses; We have the right to claim compensation from you for any other loss caused by your termination of the order.

4.3. Our place of delivery is Shandong Province, China. In order to ensure that the products meet your requirements, we will arrange professional personnel to strictly inspect the products before delivery, and attach the instructions for use with the goods. Please keep and use according to the instructions after receiving the goods.

4.4. Under normal circumstances, the mode of transportation is express, and the transportation cost is borne by you. You can specify your own shipping express and pay for it upon arrival, or you can pay the shipping cost to us in advance and entrust us to specify the shipping express for you. If you have special requirements for the mode of transport, please explain to us and pay the relevant fees for changing the mode of transport before paying the prepayment.

4.5. If the products you order are to be delivered outside China your order may be subject to import duties, taxes and other charges, which may be levied upon arrival at the destination of delivery and may be collected by the Courier company before or during delivery, and you are responsible for paying any costs required to receive the products. Your local postal office has more information about customs fees, duties and taxes specific to your location, please find out for yourself before you purchase the product.

4.6. If the shipment is delayed due to events beyond our control, such as changes in relevant legal and regulatory requirements, we will contact you as soon as possible and we will take steps to minimize the impact of the delay, but we will not be liable for delays caused by events beyond our control. If there is a risk of serious delay, you may contact us to terminate the contract. For products that have not yet been produced, we will refund you the full advance payment you made to us.

4.7. If the delivery is delayed or the supply of products is suspended due to changes in our production technology, we will notify you in time, and you can decide whether to change the order or terminate the order. If your order is terminated due to our reasons, we will refund you the full amount you paid us for the products that have not yet been shipped.

4.8. Delivery is deemed to be finished after express collection, and the ownership and risk of the product will be borne and responsible by you. If there is no one to pick up the goods at your address and the products cannot be delivered through your mailbox and other reasons, the resulting consequences need to be borne by you.

5. About acceptance

5.1. The acceptance inspection of products should be done within 2 work days after you received your package. Please email us immediately if there is a quality problem or else, and follow our instructions. Please don’t send the products with quality problems back unless you are instructed to do so.

5.2. Regarding the product issues  you forward, we have the right to inspect. Your cooperation is appreciated. We will take the responsibility to change or fix those products with problems on our own once the problems do exist partially or totally after inspection. And we will pay you back per the price for those with problems if you ask for a refund.

5.3. We don’t take any responsibility if the below situation happens:

(1) You continue to use those products after you informed us according to the agreement in Article 5.1

(2) The problems happened because that you didn’t follow our oral or written instructions on how to store, use and maintain the products.

(3) The problems occurred due to following your drawings, designs, standards or obtaining your permission after the proof sample was approved.

(4) The products are changed or fixed without our written permission.

(5) The problems belong to regularly wear and tear and reasonable margin of error.

6. Termination of the order

6.1. The order can be terminated if any of the following situations occurs:

(1) You didn’t agree with the possible changes that we have informed you, which are going to occur.

(2) You don’t want to continue due to the price or description error of the products that we have informed you of.

(3) The supply of the products is canceled or going to be canceled due to technical problems of ours.

(4) There are severe risks of delay for the supply of products due to uncontrolled incidents.

If your order is terminated due to the circumstances described in items (1), (2), and (3), you will get a refund for all of your payment if the products have not been dispatched yet.

If your order is terminated due to the circumstances described in items (4), we will pay all your down payment back if the products have not been produced yet. 

6.2. Please email us if you would like to terminate your order and provide your name, address, phone number and order information so as to let us quickly check the status of your order.

6.3. You should compensate us for our losses and the order will be terminated by us if one of the following situations occurs:

(1) You failed to make payments to us in a timely and full manner

(2) You didn’t provide us necessary products information in a reasonable time period per our instruction.

(3) You didn’t receive or allow us to deliver our products in a reasonable time period.

(4) The artworks you provide us exist the following: defaming anyone, containing pornographic, hateful or inciting content, explicit or violent content, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, and infringing upon the intellectual property rights of any other person, etc.

(5) Any insulting or threatening behaviors you showed to any of our employees.

7. Intellectual property (rights)

7.1. We respect and protect the legitimate rights of every creator and right - holder. You agreed that you have the intellectual property rights for all artworks or designs at the time you provide us. You should take the ownership responsibility of all your artworks and designs sending to us. If we assume liability for compensation to any third party, are punished by state organs, suffer other economic losses, or incur losses to our business reputation due to manufacturing and selling products per your requirements, you should compensate for all of our losses. We have the right to cancel or terminate your order if we believe the artworks and designs you provided are not under your intellectual property rights, and you should suffer all consequences this caused.

7.2. All intellectual property rights in this website belong to us and the right-holders who authorize us to use, including but not limited to software, technique, program, website page, layout design, word, picture, audio, video, diagram, e-document, etc. We won’t transfer or authorize you part or total intellectual property rights mentioned above the time you use our website. We will pursue the liability for infringement in accordance with the law if any infringement behaviors exist.

7.3. If you purchased some products containing our intellectual property rights, we won’t transfer or authorize you part or total intellectual property rights the time we deliver you the products. You should purchase and use relevant products properly and respect and protect our intellectual property rights. All behaviors that will infringe our intellectual property rights are not allowed.

8. Other items

8.1. Any party who delays to fulfill the contractual obligations should not only take the liability for breach of contract due to delaying, but also keep fulfilling the contractual obligations.

8.2. Unless otherwise expressly provided by laws and regulations, we won’t take any liability of indirect, consequential, punitive, fortuitous, special or penal damages. No matter why or in what kind of behaviors, the liability we will take for you won’t exceed the value of your payment.

8.3. We respect and protect your personal information. We will used your personal information, as well as other information you provided, in accordance with the regulations of our website.

8.4. The terms of service above, any regulations of this website and any separate agreement we provide you are governed by and construed in accordance with the laws of the People's Republic of China.

8.5. The agreement is signed in Zhaoyuan City, Yantai City, Shandong Province, the People's Republic of China. We prefer to resolve any conflicts through friendly consultations between you and us. If the consultations fail, you agree that the dispute shall be submitted to the People's Court with jurisdiction in Zhaoyuan City for resolution through litigation.

8.6. If any agreement in the terms of service above, any regulations of this website and any separate agreement we provide are invalid due to conflict with relevant laws and regulations, then these articles need to be reinterpreted and applied on the premise of obeying laws and closing to the original articles. And it will only be valid when other agreements are not affected.

8.7. You can email us at contact@hercter.com or call us at +86 133 3333 3333 if you have any questions about the terms of service above, any regulations of this website and any separate agreement we provide. We will contact you either via the phone number or email address you reserved. Please keep your phone accessible or check your mailbox regularly. We don’t accept any other contact methods except the one agreed in this item.

8.8. The headings in this agreement are for ease of reading only and shall not affect the meaning or interpretation of any provisions herein.