General Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this website.
claywisp, Inc. (“claywisp”) may modify and update these Terms of Use at any time. By continuing to use the claywisp website (“claywisp Website” or “Website”), you accept such changes.
This website does not provide medical advice
The contents of the claywisp website, including text, graphics, images, information provided by claywisp's licensors, and other materials contained on the site ("Content"), are provided for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment.
If you have any questions about your health, always consult your doctor or other qualified healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read on the claywisp website.
Please note that you are solely responsible for your use of any information provided by claywisp, claywisp employees, other people invited to the site by claywisp, or other visitors to the website.
Use of contents
The Content is protected by Hong Kong and international copyright laws. All rights to the Content remain with claywisp or its licensors. Any use of the Content not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws. The Content and features may be changed or discontinued at any time without notice, at claywisp's editorial discretion. All rights not expressly granted herein are reserved by claywisp and its licensors.
Accuracy of information
We make every effort to ensure that the information on the claywisp website is complete, accurate, and up-to-date. However, the information may occasionally contain incomplete or inaccurate data. We regularly update our product range and therefore cannot guarantee its availability at all times. As soon as an item is out of stock, we will remove it from the website or otherwise indicate that it is no longer available.
claywisp reserves the right to change, limit, or cancel orders without giving a reason and without notice, even after an order has been placed. If we change or cancel an order, we will attempt to notify you using the contact information provided in the order. If an item is canceled, you will receive a full refund for the cancelled items.
Liability of claywisp and its licensors
Your use of the claywisp website and its contents is at your own risk.
The claywisp website and its contents are provided "as is." claywisp, its licensors, and suppliers disclaim, to the fullest extent permitted by law, all warranties, express or implied, statutory or otherwise, including, but not limited to, warranties of merchantability, non-infringement, and fitness for a particular purpose.
In no event will claywisp, its licensors, suppliers, or other third parties mentioned on the claywisp website be liable for any damages (including, but not limited to, incidental and consequential damages, personal injury/death, lost profits, or damages resulting from lost data or business interruption) arising out of the use of or inability to use the claywisp website or its contents, whether such damages are based on warranty, contract, tort, or any other legal theory, and regardless of whether claywisp, its licensors, suppliers, or other third parties have been advised of the possibility of such damages.
User contributions
Personal information submitted to claywisp is subject to claywisp's Privacy Policy. In the event of a conflict between this Agreement and claywisp's Privacy Policy, this Agreement shall prevail.
The website offers features (including blogs, forums, and "Ask Our Experts" sections) that allow users to upload content to the website (collectively, "Public Areas"). You agree not to upload or transmit any content or communications to the Public Areas that violate the rights of others. By submitting content or communications to the Public Areas, you agree that such submissions will be considered non-confidential.
By submitting content, you agree not to send or transmit to claywisp any communication or content via email (including emails listed on the "Contact Us" page) that violates the rights of any third party. If you send claywisp business information, ideas, concepts, or inventions via email, you agree that such transmission is not confidential. By posting content to a public area or submitting business information, ideas, concepts, or inventions to claywisp via email, you automatically grant claywisp a royalty-free, perpetual, irrevocable, worldwide, and non-exclusive license to use, reproduce, create derivative works from, modify, translate, publish, distribute, perform, and/or display such communications or content in any media or format, now known or later developed. claywisp shall have the right to sublicense such rights.
User contributions – images, videos, and audio files
You agree to post or upload only media (such as photographs, videos, or audio files) that you created yourself or for which you own all rights necessary to license and that does not violate trademarks, copyrights, privacy rights, or other rights of third parties. Uploading images or videos of other people without their consent is strictly prohibited.
By uploading media to the claywisp website, you warrant that you have the consent of all persons depicted in your content to create such publication and grant the rights described herein.
Uploading any media containing hate speech, slurs, offensive images or behavior, obscenity, pornography, sexually explicit material, or material that could give rise to civil or criminal liability under applicable laws, or that otherwise conflicts with these terms and conditions or other claywisp policies, is strictly prohibited.
You agree not to upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or this Website.
By uploading media, such as photographs or videos, you (a) grant claywisp a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, transmit, and/or distribute such media and all materials contained therein; (b) confirm that each person depicted in the media you submit (or, in the case of minors, their parent/legal guardian) authorizes claywisp to use, copy, print, display, reproduce, modify, publish, transmit, and distribute such media and all materials contained therein; and (c) agree to indemnify and hold claywisp and its affiliates, directors, officers, and employees harmless from any claims and expenses, including attorneys' fees, arising out of your media and/or your violation of these terms and conditions.
claywisp reserves the right to review all media content before posting it on the website and to remove it at any time and without notice, at its sole discretion and for any reason.
Community Areas and claywisp Members (Public Areas)
When you use any Public Area, such as discussion forums, blogs, “Ask Our Experts” sections, user reviews, or other member communities, you are solely responsible for your communications, the consequences of posting them, and any reliance you place on any communications found in Public Areas.
claywisp and its licensors assume no responsibility for the consequences of communications in Public Areas. If you feel threatened or believe someone else is in danger, contact your local police immediately.
If you think you may have a medical emergency, contact your doctor or emergency number immediately.
In exchange for permission to use the Public Areas, you agree that the following actions constitute a material breach of these terms and conditions:
· Use a Public Area for any purpose that violates any local, state, national, or international law;
· Post material that infringes the intellectual property rights or personal rights of others;
· Post any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, harmful to one's reputation, hateful, or embarrassing to another person or organization, in the sole judgment of claywisp;
· Post advertisements or commercial solicitations;
· Interrupt the dialogue or insert comments unrelated to the topic being discussed;
· Posting chain letters or pyramid schemes;
· Pretending to be someone else;
· Spread viruses or other harmful computer code;
· Collect or otherwise obtain information about other people, including email addresses, without authorization;
· Allow other people or organizations to use your credentials to post comments; or
· Any conduct that restricts or inhibits any other user from using or enjoying the Public Areas or the Website.
claywisp reserves the right (but not the obligation) to take one or more of the following actions:
· Record conversations in public chats;
· Investigate any reports of communications that do not comply with these terms and decide, in its sole discretion, whether to remove them;
· Remove messages that are offensive, illegal or violate these terms and conditions;
· Suspend users' access to the Public Areas or the claywisp website in the event of violation of these terms;
· Monitor, edit, or disclose any communications in the Public Areas;
· Edit or delete any communication posted on the claywisp website.
claywisp and its licensors assume no liability to users of the claywisp website or to any other person or organization for performance or failure to perform the activities described above.
Advertising, searches and links to other websites
claywisp may provide links to third-party websites. claywisp may also select certain sites as preferred results for your searches and allow advertisers to display advertisements or sponsored content in response to certain keywords. claywisp does not recommend or endorse the content of third-party websites. claywisp is not responsible for the content of linked sites, embedded sites, third-party search results, or third-party advertisements, and makes no guarantees regarding their accuracy or content. Your use of third-party websites is at your own risk and is subject to the terms of use of those sites.
Compensation
You agree to indemnify and hold harmless claywisp, its officers, directors, employees, agents, licensors, and suppliers from any claims, actions, demands, liabilities, and settlements, including reasonable legal and accounting fees, arising or alleged to arise from your breach of these terms and conditions.
General provisions
claywisp is headquartered in Hong Kong, where its global headquarters are also located. claywisp makes no representations that the claywisp website or its content is appropriate or available outside of Hong Kong. Access to the content may be restricted for certain persons or in certain countries. If you access the claywisp website from outside Hong Kong, you do so at your own risk and are responsible for compliance with local laws.
Jurisdiction
You expressly agree that the exclusive jurisdiction for any dispute with claywisp or relating to your use of the claywisp website shall be the courts of Hong Kong, and you further consent to the personal jurisdiction of the courts of Hong Kong for any such dispute, including any claims against claywisp or its affiliates, subsidiaries, employees, suppliers, officers, directors, telecommunications providers, and content providers.
These terms and conditions are governed by the substantive laws of Hong Kong, excluding its conflict of law provisions. If any provision of these terms is held invalid by a court of competent jurisdiction, the validity of the remaining provisions will not be affected. The waiver of any right under these terms will not constitute a waiver of that right or any other rights.
Right of withdrawal for EU consumers
1. If the potential buyer is an EU consumer within the meaning of European regulations and the laws of the EU Member States, he or she has a right of withdrawal. If the customer is not an EU consumer, the following provisions do not directly apply. The seller may, in good faith, grant similar rights to non-EU consumers.
2. The EU consumer has the right to withdraw from the contract within fourteen (14) days without giving any reason.
3. The withdrawal period is fourteen (14) days from the day on which the EU consumer or a designated third party (other than the seller) takes possession of the goods.
4. To exercise the right of withdrawal, the EU consumer must inform us of the decision by means of a clear statement (e.g. by post or e-mail).
5. To comply with the withdrawal deadline, it is sufficient for the consumer to send the communication before the withdrawal period expires.
6. In case of withdrawal from the contract, the seller will refund all payments received, including standard delivery costs, within fourteen (14) days of receiving the notice of withdrawal.
7. The seller may withhold the refund until he receives the returned goods or proof of return.
8. The EU consumer must return the goods within fourteen days of communicating the withdrawal.
9. The right of withdrawal does not apply to personalized goods, products with a limited shelf life, or sealed products that cannot be returned for hygiene or health reasons after opening.
We hope you find the claywisp.com website useful and easy to use.
For any questions or comments regarding this website, including broken links, please contact us at service@claywisp.com.
We try to respond to all emails promptly, but due to high volumes, we cannot always guarantee this.