TERMS AND CONDITIONS (TOS)
1. Acceptance of the TOS
We recommend you to read this TOS before you start shopping. By placing an order/purchasing on this website/mobile application and/or using the services offered by this website/mobile application, you accept and agree to our TOS and its restrictions.
LIFEMALL reserves the right to amend the TOS from time to time and it is your responsibility to read the latest TOS published on this website/mobile application. Should you not agree on any amendment of our TOS, please immediately stop using this website/mobile application and/or the services that we offer. Once you place an order, any amendment related to the TOS will have no effect upon such order unless the amendment is required in order to fulfill the law.
In addition to complying with this TOS, when using each of our services (for example, ACCOUNT, mobile application etc.), you should also accept the terms, guidelines, and agreements that apply to those services.
2. About LIFEMALL Produtcs
Our products and services on this website/mobile application are divided into the following two categories. Please pay attention to these differences throughout your shopping:
(1) The first category is LIFEMALL's direct-sale products (collectively referred to as "LIFEMALL Direct-sale products") and LIFEMALL private label products (collectively referred to as LIFEMALL Private Label products). LIFEMALL Direct-sale products and LIFEMALL Private Label products are all sold directly by LIFEMALL SA.
(2) The second category is the goods and services provided by the “Global Buy” & “Services” categories. All third-party brand retailers and third-party service providers (called “our partners”) represented by this website/mobile application are directly sold as third-party sellers, which are collectively referred to as “Global Buy” & “Services”.
Please note that when you use this website/mobile application to purchase products and services on “Global Buy” & "Services" that are sold worldwide, this sale is an agreement between you and our partners. Although the relevant partners authorize this website/mobile application to place orders on behalf of their companies, we are not a party in this agreement; and the products you purchase are not directly sold and shipped by us. We will do our best to ensure the accuracy of the description of the products and services of “Global Buy” & “Services”. However, as such information comes from our partners, we do not guarantee that any product and service descriptions are accurate, complete, reliable or error-free. The images used on this website/mobile application are for reference and explanation only. We cannot guarantee that the colors displayed on your computer screen will accurately reflect the actual color of the product and service content.
LIFEMALL Direct-sale products and Private Label products and the after-sales services are all governed by Swiss law.
The “Global Buy” products and “Services” are global offerings. This means that you are purchasing from the original place of sale outside your home country. The legal norms and standards of the original place of sale apply. Therefore, we remind you of the following:
- The “Global Buy” products & “Services” may only have the labels in English or the language of the country of origin. You may view the relevant products and services information through this website/mobile application;
- The “Global Buy” products & “Services” you purchase meet the relevant standards of quality, health and labeling in the original place of sale. This website/mobile application is not responsible for any harm, loss or other risks that may result from these standards;
- The “Global Buy” products & “Services” are sold directly by our partners worldwide, so only invoices from the country of sale can be provided.
For details, please refer to our RETURNS & REFUNDS Policy.
3. Access to the Website/Mobile App
(1) Intellectual Property Rights
We or our partners grant you a limited, non-exclusive, non-transferable and non-sublicensable permit to access to our website/web application, for any personal and non-commercial use of our services. But it does not include resale or commercial use of our services or contents; any collection and use of catalogues, descriptions or prices; any derivative use of our services or their contents; any download, copy of account information or other account information for the benefit of any third party use; or use any IT technology or software collection and extraction process to obtain or reproduce any content materials of this website/mobile application. Our services or any part of our contents may not be reproduced, copied, duplicated, sold, resold, accessed, or otherwise exploited for any commercial purpose without our express written consent.
Your use of this website/mobile application and of its contents, (which includes, but is not limited to, any trademarks, logos, designs, photographs, text, graphics, images, music, video, audio, button icons, digital downloads, data editing or software including interface web design and compilation) grants you no rights in relation to any copyright, designs, trademarks and all other intellectual property as well as any material rights relating to the contents of this website/mobile application, including LIFEMALL’s software and all HTML and other codes contained in this website/mobile application. Our website/mobile application contents including third parties’ trademarks, designs and their intellectual property rights indicated and/or displayed on this website/mobile application, are protected by the relevant laws. You may use these materials only when expressly authorized by LIFEMALL and/or third party licensors. Any reproduction or distribution of any of the above (including our product information) by any person is strictly prohibited and may result in civil and criminal penalties. We strictly prohibit you from obtaining and copying all or part of our contents using any similar data development, collection and extraction procedures. It is strictly forbidden to copy the content to any other server, any other place, other products or services, or to provide it for publication, reproduction or distribution. You may not use our name or trademark in any original mark or any other "hidden text" manner. You may only use our services as permitted by law. If you fail to comply with these terms and conditions, we authorize your limited permit to terminate immediately, and you may be liable for civil and criminal penalties.
(2) Your Account
You will need to create an account of your own on our website/mobile application, and bind a valid payment method under this account. You are responsible for the confidentiality of your account password. And restrict third parties from using or accessing your account, and you agree to be responsible for all activities that occur under your account and password. We reserve the right, in our sole discretion, to refuse to provide services, close accounts, terminate your right to use our services, delete or edit content, or cancel orders.
(3) Your Conduct
- You must not use this website/mobile application in any way to act in an attempt or that may interfere with the use of this website or cause damage to the website system.
- You explicitly agree that you are using this website/mobile application for legal purposes.
- You agree that you will be personally responsible for the use of this website/mobile application and for all of your communications on our website/mobile application. If we find out that you are engaged or have been engaged in activities prohibited or disrespectful of other users or violate the TOS regulations, we reserve the right to close your LIFEMALL account temporarily or permanently.
- You must not use the Website for any of the following purposes:
- In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. We reserve the right to delete or edit the contents of such.
- For your published content or submitted materials, you agree to grant us the non-exclusive, free, permanent, irrevocable and complete re-licensing permit for the following purpose: in any media worldwide, to use, reprint, modify, adapt, publish, translate, create derivative works, distribute and display such content. You declare and guarantee that you own or otherwise exercise control over the content you publish; the content published is accurate; the use of the content you provide does not violate this terms and conditions, neither does it cause any damages to any individuals or entities; and you will indemnify us for damage caused by the content you provide. We are not liable for the content posted by you or any third parties.
- In case of your violation of the TOS, at LIFEMALL’s request, you agree to indemnify and hold harmless LIFEMALL from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including legal costs) arising out of, related to, or that may arise in connection with your or any third party's (through your account) breach of the TOS; or you will defend LIFEMALL from any loss.
When you use the services of this website/mobile application and provide us with your data, you authorize us to contact you through email, SMS, telephone or other communication means and you also agree to receive promotional information from LIFEMALL. You acknowledge and agree that all the agreements, notices, disclosure and other information sent through the above-mentioned ways of telecommunications, are in conformity to and in compliance with relevant laws and regulations. If we send you information via email, SMS, or other means of written communication to the contact details that you provided to this website/mobile application, you agree that you have received the information provided, it is assumed and implied that such information are correct and that our communications are deemed received by yourself, at your sole responsibility in case you did not provide correct data or promptly checked the devices granting you the access to the information that we provided to you.
We are happy for you to link to our website/mobile application but you must do so in a way that is fair and legal and does not damage our reputation. We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the website/mobile application contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(8) Third Party Websites
This website/mobile application may contain links to other websites (including advertising websites) owned or operated by third parties. LIFEMALL does not review the above mentioned third parties’ websites linked to our website/mobile application. Therefore, LIFEMALL is not responsible for the contents or accuracy of such web-pages nor for the availability and functioning of such third parties’ websites or resources; it does not guarantee and is not liable, directly or indirectly, for any claims, damages, losses, or illegal behaviors caused by using or trusting the contents, items or services available on such third parties’ websites.
4. Non-commercial Use
LIFEMALL website/mobile application and/or the services provided by our website/mobile application can only be used for your individual, personal and non-commercial purpose. You cannot modify, copy, transmit, distribute, perform, display, reproduce, license, issue, commercially exploit, create derivative works from, transfer, or sell any content, information or service contained in this website/mobile application. It is strictly forbidden to systematically obtain the content of this website/mobile application without our written permission to create or edit an anthology, assembly, database or name address book directly or indirectly. This website/mobile application or any part thereof may not be reproduced, copied, sold, resold, accessed or otherwise utilized for any commercial purpose without our express written consent; you can not use our website/mobile app or any of its content to advance any business purpose, including advertising or advertising revenue-generating activities on your website/mobile app or other third-party website/mobile application.
You agree not to use the products purchased on this website/mobile application for commercial or resale purposes. If we find that you resell the products purchased from this website/mobile application, we may close the account forever, this website/mobile app and our partners will not be liable for any loss of interest (including business interruption or loss of business opportunity) in closing the account.
5. Disclaimer on our website/mobile application contents
(1) LIFEMALL strives to ensure that the functionality and content of our website/mobile application are accurate and correct. Even the content of LIFEMALL and the server hosting the content are free of viruses or other harmful factors, we recommend that all network users of this website/mobile application to install the most effective and updated anti-virus software on their computers and/or devices.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website/mobile application or to your downloading of any content on it, or on any website linked to it.
(2) We reserve the right to update or change the website/mobile application or its contents at any time, but It is not sufficient as your only source of information to amount to advice which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the website/mobile application, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website/mobile application, or any content on it, whether express or implied. You expressly agree to use our services at your own risk.
(3) No advice or information, whether verbal or written, obtained by you from LIFEMALL and/or its representatives or through/from this website/mobile application shall create any warranty unless expressly stated in the TOS.
(4) The videos, products’ descriptions and all sorts of promotional activities on this website/mobile application only reflect the opinions of the products’ designers and/or of the relevant brand owners, and do not reflect LIFEMALL’s opinion; the opinions of a representative of LIFEMALL, or of any third party who works with LIFEMALL, are personal opinions of such persons and are not the opinions of LIFEMALL, therefore LIFEMALL doesn’t bear responsibility for those opinions, including for any opinions reported in the media.
(5) If you make a comment on LIFEMALL’s website/mobile application, you will be responsible for all the information contained in your comment. In addition, by accepting the TOS you also grant the right to LIFEMALL to use and reproduce your comment, for marketing purposes, on this website/mobile application or any other media. Your comments will be screened by LIFEMALL, and it can take up to 72 hours to be published on the website/mobile application. However, LIFEMALL does not undertake to verify all contents and does not assume any responsibility for third party speech and comments.
(6) LIFEMALL reserves the right, at its sole discretion, not to publish or to remove any comments deemed illegal, defamatory, racially discriminatory, vilifying others, inciting hatred or violence; harming individuals, institutions, religious beliefs or personal privacy comments; possible harm to minorities, unfavorable comments on trademarks, patents, and copyrighted content; and comments containing personal information, or improper use of the LIFEMALL website/mobile application for promotional and advertising purposes.
(7) Our website/mobile application is open to the public, so please do not post any information you deem confidential. Should you have complaints about any comments, please send an email to firstname.lastname@example.org.
6. Limitation of Liability
(1) LIFEMALL will not be liable for any losses, which are not caused by its gross negligence or violation of the TOS, or any indirect losses, which are caused by third parties.
(2) LIFEMALL will not be liable to you or any user for any losses or damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with (a) use of, or inability to use, the website/mobile application; (b) or, use of or reliance on any content displayed on the website/mobile application.
(3) LIFEMALL will be liable exclusively for deceptive or fraudulent misrepresentations made by our website/mobile application or our employees or agents. We are not responsible for any failure to fulfill any of our obligations beyond the reasonable control of LI FEMALL.
(4) If LIFEMALL violates TOS, we will only be liable for direct losses and reasonable foreseeable consequences resulting from such breach of contract. For example, you and LIFEMALL can estimate these losses when you place an order and when LIFEMALL delivers your order. The maximum loss we will bear is only 100% of the total value of the products purchased.
7. Our Relationship
You acknowledge and agree to the fact that, the TOS and your usage of this website/mobile application and/or the services offered by this website/mobile application do not create whatsoever any joint venture, partnership, employment or agency relationship between you and LIFEMALL. You fully agree not to act, under any circumstances, as LIFEMALL’s representative, agent or employee, and, in such respect, you acknowledge that LIFEMALL will not bear any liability in connection with any of your representations, acts or negligence.
8. No Waiver
(1) Each of the sections and paragraphs of our Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
(2) If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies.
(3) Applicable law and jurisdiction - the products that you purchase on the website/mobile application are from overseas, and the legal norms and standards of the original place of sale apply. In addition, our Terms and Conditions are governed by Swiss law. Any dispute or claim relating to the Terms and Conditions will be governed by the cantonal courts where this website is located.
(4) Events outside of our control - we and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as acts of God, wars, terrorist attacks, embargos, riots, strikes, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (a) we will contact you as soon as reasonably possible to notify you; and (b) our and the Partners’ obligations to you will be suspended for the duration of the event, and we will re-start our services to you after the event is over.
(5) If you have any complaints and feedback, please contact our customer service at email@example.com. We will resolve the issue as soon as possible.