MFGtrade.com Terms & Conditions
Last Modified on 05/30/2016
Article 1. User Agreement
1.1 User Agreement
MFGtrade.com web site is a
property of MFG Trade, Inc. This User Agreement (the "Agreement") is
between MFGtrade.com (the "Site") and users of MFGtrade.com (the
"User" or "YOU"). YOU must be 18 or over to agree to this
Agreement and use the Site. By continuing to use the Site, YOU are indicating
your agreement to be bound by the Terms & Conditions of the Site.
If YOU do not agree with Terms
& Conditions of the Site, the Site cannot provide YOU with its access and
service, and YOU should immediately discontinue the use of the Site. The Site
also reserves the right to discontinue its access and deny any or entire
service to a User without prior notice in its sole discretion.
The Site may modify this Terms
& Conditions from time to time in its sole discretion without prior notice
and publish the last modified date, and your continued use of the Site shall
constitute acceptance of such modifications. Only the Site has the right to
explain the Site’s Terms & Conditions.
1.2 Data and Information
The Site does not warrant nor
guarantee the continuous, uninterrupted and secure access of the Site. The data
and information on the Site are provided without responsibility for accuracy or
completeness, and YOU agree that errors or
In-completeness contained in such
information shall not be made the basis for any claim, demand or cause of
action against the Site or the information provider.
1.3 Due Diligence
Any information or data including
but not limited to text, picture, video, and sound...entered by User and stored
in the Site database and published on the Site are the property of MFGtrade.com.
User should verify and confirm the accuracy and completeness of all the
information provided on the Site, and use the information with due diligence
and at the User’s own risk.
1.4 Maintenance and Security
YOU are fully responsible for the
maintenance and security of your account user ID and password on the Site.
1.5 Intellectual Property
YOU agree not to reproduce,
retransmit, disseminate, sell, distribute, publish, broadcast, circulate or
commercially exploit the information available on the Site in any manner
without the express written consent of the Site, nor to post any information,
contents, images that are illegal or may violate laws and regulations.
YOU also agree not to use the
posted information available on the Site for any unlawful purpose.
1.6 Method of Access
YOU agree to access the Site and
information available on the Site manually by request and not programmatically
by macro or other automated means except where is invited by the Site.
1.7 Other Sites
The Site may point to other sites
that may be of interest to the User but for which The Site has no
1.8 Provisions Waiver
MFG Trade, Inc. is incorporated
in the state of Illinois, the United States, and Illinois laws and regulations
will be applied to settle all legal issues. The User waives the provisions of
any state law limiting or prohibiting a general release.
The Site disclaims all warranties
of any kind, express or implied, including without limitation any warranty of
merchantability, fitness for a particular purpose or non-infringement.
Neither the Site nor its members,
subsidiaries, affiliates, service providers, licensors, officers, directors or
employees shall be liable for any direct, indirect, incidental, special or
consequential damages arising out of or relating to this Terms & Conditions
or resulting from the use or the inability to use the Site, including but not
limited to damages for loss of profits, data, intangible damages or any other
damages, even if the Site has been advised of the possibility of such damages.
User privacy and security are
among the top priority of the Site. They are as important as the credibility
describes how we protect personal and nonpublic information while we provide
modifications as it may be subject to change.
1.2 What and When We Collect
The Site collects and uses
information from users in order to provide quality customer service. Following
are information we collect and the channels through which these information are
company information and contact information are collected through registration,
editing registration and editing company information processes.
b. Product information is
collected through posting trade leads.
1.3 Policy of Disclosing
a. User or product information may be disclosed at times when it is
required by law or legal process.
b. User data information may be
used for internal anonymous market analysis purposes.
1.4 Credit Card and Bank Account
The Site currently uses PayPal as
the authorized payment processors. The Site does not keep user credit card or
bank account information. Please review PayPal (www.paypal.com) Privacy
Policies and their Security Policies on how your credit card and bank account
information are protected.
Article 3. Payment and Return
who sells products on the Site is “Seller”.
who buys products on the Site is “Buyer”.
which is sold from Seller to Buyer on the Site is “Product”.
means the amount paid back to Buyer for returned Product.
Cash” means settled portion of Seller’s actual sales revenue without
Buyer dispute or after dispute resolution including arbitration.
1.2 Return Condition
Product must keep manufacturer’s original product package and must have
warranty card, receipt and other original attachments.
Product must not contain any damage or scratch and must not have been washed or
used in any way.
returned product does not meet above conditions, only a partial Refund or no Refund
may be issued.
1.3 Dispute, Refund and the
on the Site can return Product to Seller within 10 days of receipt of Product
without reason and apply for Refund. Seller must start processing Buyer’s
Refund application within 5 days of receiving the Refund application,
otherwise, the Refund application will be automatically processed by the Site
there is any dispute between Buyer and Seller during an entire purchase
process, it is the Site’s policy to have the Buyer and the Seller
negotiate and try to resolve the issue first. If the Buyer and the Seller
cannot reach a resolution regarding the dispute, the Site will then be
involved. The Site will collect and analyze evidence such as photo and video
from both the Buyer and the Seller and make an arbitration decision. If the
Site’s arbitration decision is not agreed by the Buyer or the Seller, a repeal
may be sent to the Site within 5 days of the arbitration. After re-evaluating
the evidence, the Site will then make a final arbitration decision. This final
arbitration decision by the Site is final and no repeal can be submitted after
the final arbitration decision. The Site has the right to process Refund or
partial Refund or any other related payment based on the final arbitration
1.4 Cash Payment to Seller
a. Sales cash becomes Available Cash when: 1. Actual cash
from sales will be available in Seller account 20 days after Buyer’s
receipt of Product if without Buyer dispute; 2. If there is a Buyer dispute,
Seller’s cash from the sales will be available in Seller account 20 days
after a negotiated resolution between the Buyer and the Seller or an
arbitration decision or a final arbitration decision by the Site is reached.
b. The Site will send Available Cash balance payment to
Seller after 30 days of the balance and once a month. The payment will be made
through PayPal.com. Seller must have a valid PayPal U.S. account to receive
1.5 Infringement Violation on Intellectual Property Rights
If the Site receives a complaint
or gets a law suit on a Seller suspected of any infringement violation on
intellectual property rights including but not limited to Brand, Trademark,
Copyright etc., the Seller’s Available Cash may be permanently held by
the Site or be spent by the Site to hire legal professionals in the legal
process until the complaint or law suit is completely over. The Seller account
on the Site may also be closed in the infringement violation situation.
1.6 Return Product
Buyer must provide proof like
photo or video as evidence to return the Product. Buyer pays return shipping
cost first and refund for return shipping cost may be issued based on the
agreed resolution between the Buyer and the Seller or arbitration decision or
final arbitration decision by the Site.
situations may be Seller’s fault:
Item not as described
Less quantity, difference sizes, colors,
appearance, styles etc.
Missing parts, attachments etc.
Item not performing due to wattage, amps etc.
Item is fake or infringes intellectual property
Item delivered to address other than provided by
it’s not Seller’s fault, but not Buyer’s fault either,
delivery shipping cost will be paid by Seller, but return shipping cost will be
paid by Buyer. Following situation may not be Seller or Buyer’s fault:
Item held by Customs or delivering
company with no fault by Buyer or Seller
it’s Buyer’s fault, return shipping and delivery shipping cost will
be paid by Buyer.
Buyer provided wrong delivery address
Buyer does not want the Item through no fault by
Article 4. Advertisement Policy
1.1 This MFGtrade.com Advertisement
Policy (the "Advertisement Policy") is between MFGtrade.com (the
"Site") and Advertisers (the "Advertisers") on MFGtrade.com.
Advertisement Services on the
Site include: Diamond Supplier, Banner or
Text Advertisements on the Site’s Home page, search result pages, product
category pages as well as all other advertisements or paid services on the
Site. Advertisers must be 18 or over to agree to this Advertisement Policy and
use this Site’s Advertisement Services. By continuing to use the Site's
service and advertise on the Site, Advertisers are indicating your agreement to
be bound by the terms of this Advertisement Policy. If Advertisers do not agree
with terms of this Advertisement Policy, the Site cannot provide Advertisers
access to Advertisement Services or any paid services on the Site. The Site may
modify this Advertisement Policy at any time in its sole discretion without
prior notice and publish the modified date, and your continued use of the Site
or continued advertising on the Site shall constitute acceptance of such
Advertisement Services are paid services on this Site. Payments for
Advertisement Services on the Site are non-refundable.
state that you take full responsibility for the contents and images of your
advertisements on the Site. Your advertisements shall contain no illegal,
fraudulent or inappropriate contents or images.
advertisements on the Site are the property of the Site, and the Site reserves
the right at its sole discretion and without prior notice to remove any
content, image or page of advertisements if such content, image, page are
deemed inappropriate by the Site.
Site reserves the right to cancel or deny access of any Advertisement
Service(s) to any Advertiser(s) for any reason without prior notice.
Site does not warrant nor guarantee the continuous, uninterrupted and secure
display of your advertisements on the Site.
state that Advertisers will not infringe or violate any Intellectual Property
Rights including but not limited to copyright, brand or trademark without prior
consent from its author or owner.
cannot make any advertisements on the Site for products or services other than
your own or you are legally licensed to distribute.
should verify and confirm the legality, accuracy and completeness of all the
information provided on the Site including all the information on company web
sites and advertisements, and use those information with due diligence and at
your own risk.
Advertiser will be solely responsible for the maintenance and confidentiality
of your User ID and password.
will be automatically renewed, and paid on or before the anniversary date,
unless the advertisement is cancelled prior to such date. If payment is not
received by the renewal date, your advertisement status will be terminated.
Site reserves the right to modify or change its Advertisement Services fees,
prices, benefits, or payment terms at any time without prior notice.
Site disclaims all warranties of any kind, express or implied, including
without limitation any warranty of merchantability, fitness for a particular
purpose or non-infringement.
the Site nor its members, subsidiaries, affiliates, service providers,
licensors, officers, directors or employees shall be liable for any direct,
indirect, incidental, special or consequential damages arising out of or
relating to this Advertisement Policy or resulting from the use or the
inability to use the Site’s Advertisement Services, including but not
limited to damages for loss of profits, use, data or other intangible damages
even if such party has been advised of the possibility of such damages.
Advertisement Policy together with MFGtrade.com User Agreement shall govern all
activities of the Site’s Advertisement Services.