Terms of Service

Welcome to our store! References to “we” and “us” refer to our store. Our store operates this shop and website (including all associated information, content, features, tools, products and services) to deliver a curated shopping experience for you, the Customer (the “Service”). Our store is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd, or Shopify International Limited, depending on where our store is located, enabling us to provide the Service to you.

These terms and conditions, together with any policies referenced herein (collectively, these “Terms of Service”), set out your rights and obligations when using the Service. Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.

By accessing, interacting with or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy available at https://xinyuestore.com/policies/privacy-policy. If you do not accept these Terms of Service or the Privacy Policy, do not access or use our Service. Nothing in these Terms of Service limits any rights you may have under applicable consumer protection legislation or any other non-waivable statutory rights.

1. Access and Accounts

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province, and you consent to any minor dependents in your household using the Service on devices you own, purchase or manage. To use the Service (including browsing our online shop or purchasing any products or services), you may be required to provide information such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you hold all rights required to submit such information. You are fully responsible for maintaining the security of your account credentials and for all activity conducted under your account. You may not assign, sell, transfer or license your account to any third party.

2. Our Products

We make every effort to display our products and services accurately within our online store. Please note, however, that colours or product appearance may differ from what appears on your screen due to your device type, settings and configuration. We do not guarantee that the look or quality of any product or service you purchase will match your expectations or be identical to the depictions shown on our online store. All product descriptions are subject to change without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantity of any product made available to any person, geographic area or jurisdiction, as we see fit.

3. Orders

Submitting an order constitutes an offer to purchase and authorises us and our payment processor to collect the total order amount via your selected payment method. Our store reserves the right, permitted by applicable law, to accept or reject your order for any reason at our sole discretion. Your order is only deemed accepted once our store confirms acceptance. We must receive and process your payment before we can accept your order. Please review your order carefully before submission, as our store may not be able to accommodate cancellation requests once an order has been accepted. If we decline, modify or cancel an order, we will attempt to notify you using the email, billing address and/or phone number provided at checkout. Returns and exchanges for goods you purchase are governed exclusively by our Refund Policy at https://xinyuestore.com/policies/refund-policy. This does not restrict any rights available to you under applicable law. You represent and warrant that goods purchased are for your personal or household use and not for commercial resale or export.

4. Pricing and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time you place your order and will be shown in your order confirmation email. Unless explicitly stated otherwise, published prices exclude taxes, shipping, handling, customs and import fees. Prices shown in our online store may differ from prices in physical retail locations or other online stores operated by third parties. We may run promotions on the Service from time to time, which may affect pricing and are governed by separate terms independent of these Terms of Service. If there is a conflict between promotion terms and these Terms of Service, the promotion terms will prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to update your account details (including email address, card number and expiry date) promptly so we can complete your transactions and contact you if needed. You represent and warrant that: (1) you are authorised to use the payment method you provide; (2) the payment details you submit are true, accurate and complete; (3) charges incurred will be honoured by your payment provider; and (4) you will pay all posted charges, including shipping, handling and any applicable taxes.

5. Shipping and Delivery

Unless otherwise stated, we are not liable for shipping or delivery delays. All delivery timelines are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events outside our control. To the maximum extent permitted by applicable law, title and risk of loss pass to you once the goods are handed over to the carrier, unless applicable law provides otherwise. We are not liable for delays or failures arising from events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather, labour disputes, supply shortages, utility or telecommunications outages, cyber incidents, government action and similar events. Please review our Shipping Policy for further details.

6. Intellectual Property

Our Service, including all trademarks, branding, text, images, graphics, product reviews, video and audio content, is owned by our store, its affiliates or licensors and protected by trademark, copyright and other intellectual property laws in the United States and other jurisdictions. Product pages are operated and owned by our store. Purchase or delivery of any product does not grant you any intellectual property rights in the product, its design, software or underlying technology, including patents, copyrights, trademarks or other proprietary rights. All such rights remain the exclusive property of our store or the original rights holder. These Terms permit you to use the Service only for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any materials from the Service without our prior written consent. Nothing in these Terms of Service grants, and shall not be interpreted as granting, any licence or right to any patent, trademark, copyright or other intellectual property right belonging to our store, Shopify or any third party, except as expressly stated herein. Unauthorised use of the Service may violate intellectual property or other applicable laws. All rights not expressly granted in this document are reserved by our store. The name, logo, product and service names, designs and slogans of our store are trademarks of our store, its affiliates or licensors. You may not use these trademarks without our prior written permission. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Service are trademarks of their respective owners.

7. Optional Tools

As part of the Service, we may grant you access to third-party tools that we do not monitor, control or influence. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any representations, conditions, warranties or guarantees of any kind. We accept no liability arising from or related to your use of optional third-party tools. You use any optional tools available on the website entirely at your own risk and discretion. You must familiarise yourself with and agree to the terms published by the relevant third-party provider. We may launch new features through the Service in the future, including new tools and resources. These new features are also considered part of the Service and subject to these Terms of Service.

8. Third-Party Links

The Service may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We do not evaluate or verify the content or accuracy of any third-party materials or websites you choose to visit. If you leave the Service to access such third-party content, you do so at your own risk. We are not liable for any harm or damage arising from your access to third-party websites or any purchases, use of products, services, resources or content on third-party sites. Review the policies and practices of any third party carefully before entering into any transaction. All complaints, claims, concerns or questions relating to third-party products and services should be directed to that third party.

9. Relationship with Shopify

Our store is powered by Shopify to enable us to deliver the Service to you. When you use the Service, your device communicates with Shopify’s systems. Section 10 explains how Shopify uses and processes information from these interactions. However, all purchases and sales made within our store are transacted directly between you and our store. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and our store, including injury, damage or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages and liability arising out of or related to purchases and transactions between you and our store.

10. Privacy Policy

Our Privacy Policy at https://xinyuestore.com/policies/privacy-policy explains how we may collect, use and disclose personal information you provide while using the Service. Using the Service confirms that you have read this Privacy Policy. Because the Service is hosted by Shopify, Shopify collects, uses, processes and stores personal information about your access and use of the Service, including transaction data, as you browse and interact with the store. Shopify may use this information for purposes including providing, protecting and improving the Service, processing transactions and assisting fraud prevention on this site and other Shopify-powered stores. Information collected when you access or use the Service, including automatically captured browsing data, is transmitted and shared with Shopify and third parties that may be located outside your country of residence to deliver the Service. Please review our Privacy Policy and https://www.shopify.com/legal/privacy/app-users for more details on how we, Shopify and our partners process your personal information.

11. Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, comments, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may exercise these rights to operate, provide, evaluate, enhance, improve and promote the Service, and perform our obligations and exercise our rights under these Terms of Service. You also represent and warrant that: (1) you own or hold all rights required for the Feedback you submit; (2) you disclose any compensation or incentive received for submitting Feedback; (3) your Feedback complies with these Terms of Service. We are under no obligation, now or in the future, to: (a) keep your Feedback confidential; (b) pay you for Feedback; or (c) respond to your Feedback. We may, but are not required to, moderate, edit or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, derogatory, pornographic, obscene or otherwise objectionable, or that infringes third-party intellectual property rights or violates these Terms of Service. You agree that your Feedback will not infringe any third-party rights including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, nor any computer viruses or other malicious code that may interfere with the operation of the Service or related websites. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for all Feedback you submit and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

12. Errors, Inaccuracies and Omissions

Occasionally, the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery timelines and availability. If any information is inaccurate, we reserve the right to correct errors, inaccuracies and omissions, update information and cancel orders, even after an order has been submitted. If an order is cancelled after payment has been taken, we will issue any refunds required by applicable law.

13. Prohibited Uses

13.1 You may access and use the Service only for lawful purposes. You may not, directly or indirectly, access or use the Service: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local laws, regulations or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our staff or any other person; (e) to disseminate false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that breaches these Terms of Service; (g) to transmit or cause to be transmitted advertising or promotional material, including spam, chain letters, junk mail or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which we determine may harm our store, Shopify, Service users or expose them to liability.

13.2 Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the Service; (b) copy, replicate, clone, extract, sell, resell or exploit any portion of the Service; (c) collect or track the personal information of others; (d) use the Service for spam, phishing, fraud or pretexting; (e) access the Service using bots, crawlers, scrapers, data harvesting tools, automated systems, AI agents or any automated or manual scraping process; or (f) interfere with, bypass or circumvent security, authorisation or robot exclusion controls and other access restrictions we implement. If we determine that you have breached any part of this clause, we reserve the right to suspend, disable or terminate your account at any time without prior notice.

14. Agents

14.1 This section (“Agent Terms”) applies if you use, permit, enable or deploy any agent to access, use or interact with the Service. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity and may run on a user’s device without direct supervision. 14.2 No Agent may access, use or interact with the Service unless it identifies itself at all times and operates strictly in compliance with clause 14.4 below. Furthermore, an Agent may not access, use or interact with the Service if we have requested that it refrain from doing so. 14.3 We may use technical measures to restrict whether and how any Agent can access, use and interact with the Service. 14.4 Every Agent must: (a) disclose that the request originates from an Agent in all HTTP/HTTPS requests, including the identifier Agent/[agent name] within the user-agent string; (b) not conceal or obfuscate that access, usage or interaction comes from an Agent, for example by mimicking human behavioural patterns or completing/evading CAPTCHAs and other human verification controls; (c) truthfully respond to prompts designed to distinguish human activity from automated Agent activity; (d) not bypass or circumvent any controls intended to block, limit, modify or govern Agent access to the Service.

15. Termination

We may terminate this agreement or suspend your access to the Service, or any part of it, at any time without prior notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination. The following clauses survive termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clauses that by their nature are intended to survive termination.

16. Disclaimers

Information shown on or through the Service is provided for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of such information. Your reliance on this information is entirely at your own risk. We are not liable for any loss or obligation arising from reliance placed on these materials by you, other visitors to the Service, or any person informed of such content. Unless explicitly stated otherwise by our store, the Service and all products offered through it are provided to you “as is” and “as available”, without representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that your use of the Service will be uninterrupted, timely, secure or error-free. Some jurisdictions do not permit limitations on implied warranties, so this disclaimer may not apply to you in full.

17. Limitation of Liability

To the fullest extent permitted by law, under no circumstances shall our store, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor the equivalent parties for Shopify and its affiliates, be liable for injury, loss, claims, or any direct, indirect, incidental, punitive, special or consequential damages arising from use of the website Service or products purchased through the Service, including lost profits, lost revenue, lost deposits, loss of data, replacement costs or similar damages, whether arising in contract, tort (including negligence), strict liability or otherwise. We are also not liable for any claims connected with your use of the Service or products, including errors, omissions or losses of any kind arising from content published, transmitted or supplied through the Service, even if we have been advised of the possibility of such damages. Nothing in these Terms of Service excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnification

You agree to indemnify, defend and hold harmless our store, Shopify, our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities and claims brought by any third party (including reasonable legal fees) arising from: (1) your breach of these Terms of Service or documents referenced within them; (2) your violation of any law or third-party right; or (3) your access to and use of the Service. We will notify you of any indemnifiable claim, unless delayed notice causes substantial prejudice to you, and such notice does not relieve your obligations. We may take control of the defence and settlement of such claims at our own cost, including appointing legal counsel; however, we will not settle any claim imposing non-monetary obligations on you without your consent, which may not be unreasonably withheld. You will assist in defending indemnified claims, including providing relevant documentation.

19. Severability

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be severed from these Terms. This ruling will not affect the validity and enforceability of the remaining provisions. Nothing in these Terms restricts any rights you may have under applicable consumer protection law or other rights that cannot be waived by contract. If any part of these Terms conflicts with such mandatory rights, those rights prevail.

20. Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision under these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service, together with any policies or operating rules published on our website relating to the Service, constitute the entire agreement and understanding between you and us governing your use of the Service, superseding all prior or contemporaneous oral or written agreements, communications and proposals, including earlier versions of these Terms. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

21. Assignment

You may not delegate, assign or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent, and any purported attempt to do so is void. We may assign, transfer or delegate these Terms and our rights and obligations under them without your consent or prior notice.

22. Governing Law

These Terms are governed by the law of the jurisdiction where our store is headquartered or incorporated, without regard to conflict of law rules. Unless prohibited by applicable law, you and our store agree that the courts of that jurisdiction shall have exclusive venue and personal jurisdiction. Nothing in this clause restricts your right to bring claims in local courts or rely on mandatory laws applicable in your place of residence.

23. Translations

These Terms of Service may be available in languages other than English. In the event of inconsistency or conflict between the English version and any translated version, the most recent English version shall prevail. Unless our store determines otherwise at our sole discretion or applicable law requires otherwise, disputes arising under these Terms of Service shall be resolved in English.

24. Headings

Headings used in this agreement are for convenience only and do not limit or affect the interpretation of these Terms.

25. Electronic Communications

By using the Service or placing an order, you consent to us sending transactional and service-related communications to you electronically, including by email, in-account notifications or postings on the Service. These communications may relate to your orders, account, purchased goods, returns, these Terms of Service or other service-related matters. You are responsible for keeping your contact information up to date.

26. Changes to Terms of Service

You may review the most current version of these Terms of Service on this page at any time. We reserve the right to update, amend or replace any part of these Terms of Service by publishing revisions on the website, at our sole discretion. It is your responsibility to check our website regularly for changes. We will notify you of material changes in accordance with applicable law, and changes will take effect from the date specified in the notice. Your continued access to or use of the Service after publication of changes constitutes acceptance of the revised Terms.

27. Contact Information

Questions relating to these Terms of Service should be sent to sales@xinyuetoy.com. Our additional contact details are set out in our Contact Information Policy.