Terms and conditions of use

OBJECT

These General Conditions of Use, Privacy Policy and Sale (hereinafter the "General Conditions") govern the use of the website  www.baofengradios.us (hereinafter the Website) that Global eCommerce Solutions HK limited (hereinafter "BAOFENG"), makes available to persons accessing its Website in order to provide information about products and services, own and / or third party partners, and facilitate access to them, as well as the procurement of services and goods through the same (all together referred to as the "Services").

BAOFENG, with registered office in the administrative region of Hong Kong, Bonham Strand East Sheung Wan 75, is a limited liability company in Hong Kong owner of this Website. To contact BAOFENG, you can use the postal address above, as well as the following Contact Form.

By the very nature of the Website, as well as its content and purpose, almost all of the navigation that can be carried out by the same must be done enjoying the status of Client, which is acquired according to the procedures contained therein. Therefore, the aforementioned status of Client implies adherence to the General Conditions in the version published at the time you access the Website. BAOFENG reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these Terms and Conditions. Therefore, BAOFENG recommends the customer to read it carefully each time you access the Website.

In any case, there are pages of the Website accessible to the general public, with respect to which BAOFENG also wishes to comply with its legal obligations and regulate the use of them. In this sense, users who access these parts of the Website agree to be subject, by accessing these pages, by the terms and conditions contained in these Terms and Conditions, to the extent that it may be applicable.

Finally, due to the nature of this Web Site, it is possible that changes may be made or included in the content of these General Conditions. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access the present General Conditions each time they access the Web Site, assuming that the corresponding conditions in force at the time of their access will be applicable to them.

ACCESS AND SECURITY

The access to the Services requires the previous registration of the users, once they accept the General Conditions, being considered as Clients.

The Client's identifier will consist of his/her e-mail address and a password. In order to access the Client's own account, it will be necessary to include this identifier, as well as a password that must contain at least 6 characters.

The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the Customer undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the Customer knows or suspects the use of his password by third parties, he must change it immediately, in the manner described on the Website.

PAYMENT

The Customer agrees to pay at the time the order is placed. To the initial price shown on the Website for each of the products offered will be added the fees corresponding to the relevant shipping costs unless shipping is free. In any case, these fees will be previously communicated to the Customer before formalizing the purchase itself.

The Customer must pay the amount corresponding to your order using the payment methods available on the website.

The Customer must notify the Company of any undue or fraudulent charge on the card used for purchases, by email or telephone, in the shortest possible time so that BAOFENG can make the appropriate arrangements.

SECURITY

BAOFENG has the highest security measures commercially available in the industry. In addition, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the customer's computer and the Web Site. In this way, by using the SSL protocol it is guaranteed:

FORMALIZATION OF ORDERS

Once the order is formalized, ie, with the acceptance of the Terms of Use and confirmation of the purchase process, BAOFENG always send an email to the Customer confirming the details of the purchase made.

CANCELLATION OF ORDERS

BAOFENG accept order cancellations when requested prior to shipment. To make the cancellation you must request it through the Contact Form.

DEADLINES, PLACE OF DELIVERY AND LOSSES

I. Delivery of the product

BAOFENG undertakes to send the product by a transport company to the address provided by the Customer in the order form, and that in any case must be included within the Territory. In order to optimize delivery, we thank the Customer to indicate an address where the order can be delivered within normal business hours.

BAOFENG not be liable for errors caused in the delivery when the delivery address entered by the Customer in the order form does not conform to reality or have been omitted. 

If the shipping option selected, is a shipping option UNINSURED, BAOFENG in no case be liable for loss, delay, loss or damage of the product. The customer, at all times is aware that you are selecting a shipping method WITHOUT INSURANCE, as reflected at the time of selection of the shipping method. 

BAOFENG informs the Customer that it is possible that the same order is divided into several deliveries.

II. Delivery Time

Shipments will be made through the transport company described during the purchase process, indicating each of them estimated transit times.

These times are average, and therefore an estimate. Therefore, it is possible that they may vary for logistical reasons or force majeure. In cases of delays in deliveries, BAOFENG will inform its customers as soon as it becomes aware of them.

Each delivery is considered completed from the moment in which the carrier makes the product available to the Customer, which is materialized through the control system used by the carrier.

In the case of UNINSURED shipment, there is no evidence of delivery. 

In the case of delays in delivery of orders attributable to BAOFENG, the Customer may cancel your order in accordance with the procedure described in Section "Return". Not be considered delays in delivery in cases where the order has been made available to the Customer by the carrier within the agreed time and could not be delivered because of the Customer.

Once the order leaves our warehouse, you will be sent an email notifying you that your order has been accepted and is being shipped.

For security reasons, BAOFENG will not send any order when it is not possible to identify the recipient of the order and its address.

DEADLINES, PLACE OF DELIVERY AND LOSSES

I. Delivery of the product

BAOFENG undertakes to send the product by a transport company to the address provided by the Customer in the order form, and that in any case must be included within the Territory. In order to optimize delivery, we thank the Customer to indicate an address where the order can be delivered within normal business hours.

BAOFENG not be liable for errors caused in the delivery when the delivery address entered by the Customer in the order form does not conform to reality or have been omitted. 

If the shipping option selected, is a shipping option UNINSURED, BAOFENG in no case be liable for loss, delay, loss or damage of the product. The customer, at all times is aware that you are selecting a shipping method WITHOUT INSURANCE, as reflected at the time of selection of the shipping method. 

BAOFENG informs the Customer that it is possible that the same order is divided into several deliveries.

II. Delivery Time

Shipments will be made through the transport company described during the purchase process, indicating each of them estimated transit times.

These times are average, and therefore an estimate. Therefore, it is possible that they may vary for logistical reasons or force majeure. In cases of delays in deliveries, BAOFENG will inform its customers as soon as it becomes aware of them.

Each delivery is considered completed from the moment in which the carrier makes the product available to the Customer, which is materialized through the control system used by the carrier.

In the case of UNINSURED shipment, there is no evidence of delivery. 

In the case of delays in delivery of orders attributable to BAOFENG, the Customer may cancel your order in accordance with the procedure described in Section "Return". Not be considered delays in delivery in cases where the order has been made available to the Customer by the carrier within the agreed time and could not be delivered because of the Customer.

Once the order leaves our warehouse, you will be sent an email notifying you that your order has been accepted and is being shipped.

For security reasons, BAOFENG will not send any order when it is not possible to identify the recipient of the order and its address.

III. Delivery Data, Missed Deliveries and Loss

If at the time of delivery the Client is absent, and the shipment is insured, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. BAOFENG contracts, as part of the courier delivery service, performing a series of follow-up actions, aimed at ensuring that delivery occurs.

If the reason for non-delivery is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range from one to three weeks.

BAOFENG is not responsible for deliveries not made or made after the deadline, provided that the selected method of shipment, is an UNINSURED SHIPPING. In this case, the responsibility will be entirely the responsibility of the buyer, for having refused to insure the shipment, selecting an insured shipping method. 

IV. Diligence in delivery

The Customer must check the good condition of the package to the carrier, on behalf of BAOFENG, perform the delivery of the product ordered, indicating on the delivery note any anomaly that may be detected in the packaging. If, subsequently, after reviewing the product, the Customer detects any incident such as blow, breakage, signs of having been opened or any damage caused in it by the shipment, it undertakes to communicate it to BAOFENG by the Contact Form in the shortest possible time, within 24 hours of delivery. After that time, no incidents of this type will be attended (only parts under warranty).

BAOFENG in no case will be responsible for any diligence in the delivery if the selected method of shipment is a method of UNINSURED SHIPPING.  

RETURN

I. Return Procedure

All products purchased in BAOFENG may be returned and refunded, provided that the Customer communicates to BAOFENG its intention to return the product/s purchased within a maximum period of 7 calendar days from the date of delivery and that the rest of the conditions set out in this section are met.

BAOFENG only accept returns that meet the following requirements:

In order to facilitate the return process for customers and to make a proper monitoring of it, BAOFENG establishes as the only return procedure established by BAOFENG. Whatever the reason for the return (the product is defective, is not the one that was ordered, the products were served correctly but are not to your liking, etc.), the amount of the cost of shipping the return to our facilities are always the responsibility of the Customer. If the customer requests an exchange of product in such a return, BAOFENG send by courier the replaced item to the customer, being the customer who pays the cost of such shipment.

II. Refunds to the CUSTOMER

The return of the products will result in a refund equal to the cost of the returned products minus the cost of transportation service.

During the first 14 days of the purchase made, only in the event that the product delivered is defective or incorrect, BAOFENG will bear the shipping cost for the journey from our warehouse to the address provided by the customer when placing your order.

Returns and partial cancellations will result in partial refunds.

BAOFENG manage the return order under the same system that was used for payment within 3 days of confirmation of arrival at the warehouse of the returned order. The application of the refund on the Customer's account or card will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.

WARRANTY OF THE PRODUCTS PURCHASED

BAOFENG acts as a distributor of manufacturers who guarantee that the products presented for sale on the website www.baofengradios.us work properly and have no defects or hidden defects that may make them dangerous or unsuitable for normal use.

The contractual warranty offered is the one usually granted by the manufacturer. Once the Customer has received the product, he will have the instructions provided by the manufacturer in its box, sufficient for the correct use and installation of the product and all the information about the warranty. No Customer may request a longer warranty than the one indicated therein.

The warranty shall be void in case of defects or deterioration caused by external factors, accidents, in particular electrical accidents, wear and tear, installation and use not in accordance with the Manufacturer's instructions.

Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the warranty. The warranty shall not apply to apparent defects and defects of conformity of the product, for which any claim must be made by the Customer concerned within 7 days of delivery of the products. The warranty does not cover products damaged by improper use.

Processing of incidents of products under warranty: 

The customer reports by the Contact Form the warranty request. 

BAOFENG will inform the customer of the address to which the product should be sent.

The Customer must send it by a courier company of your choice, the full shipping costs arising from the return are borne by the Customer.

Report the courier company used, date and time of return.

BAOFENG, will inform the customer of the status of its impact within 7 days of receipt of the product in our warehouse. 

BAOFENG, will send the product back to the customer within a maximum period of 15 working days from the repair of the product, provided that there are replacements in their country of origin.

The return shipping costs are borne by the customer, the order will be sent by courier.

If the damaged product is covered by warranty, the shipping costs previously paid by the customer to send the product to our facilities and the return shipping, in that case, will be borne by the company.

INTELLECTUAL AND INDUSTRIAL PROPERTY

BAOFENG holds all rights to the content, design and source code of this website and, in particular, including but not limited to, photographs, images, text, logos, designs, trademarks, trade names and data included on the Web.

Clients and Users are warned that such rights are protected by current legislation.

It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the express written permission of BAOFENG.

It is also strictly prohibited copying, reproduction, adaptation, modification, distribution, marketing, public communication and / or any other action that involves an infringement of current regulations.

BAOFENG reports that does not grant any license or implied authorization on the rights of intellectual property and / or industrial or any other right or property related, directly or indirectly, with the contents included on the Web.

Only the use of the contents of the web domain is authorized for informational purposes and service, provided that the source is cited or referenced, the user is solely responsible for the misuse of them.

ACCESS AND STAY ON THE WEB. OUR CONTENTS

Customers and Users are fully responsible for their conduct, when accessing the information on the Web, while browsing the same, as well as after having accessed.

As a result of the above, Customers and Users are solely responsible to BAOFENG and third parties:

BAOFENG reserves the right to update the contents when it deems appropriate, as well as to remove, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Customers and Users who misuse the contents and / or violate any of the conditions that appear in this document.

BAOFENG reports that does not guarantee:

The information contained on this website should be considered by Customers and Users as informative and guiding, both in relation to its purpose and its effects, which is why:

BAOFENG does not guarantee the accuracy of the information contained on this website and therefore do not assume any responsibility for any possible damage or inconvenience to users that could result from any inaccuracy present on the Web.

OUR LIABILITY

THE COMPANY assumes no liability whatsoever arising from, by way of example but not limited to:

THE COMPANY will not be responsible in any case when they occur:

PRIVACY POLICY

Customers and Users agree to browse the website and use the content in good faith.

Customer data will be used for sending via email sales made by BAOFENG and for the delivery of purchases.

By visiting the Web, users do not provide any personal information or is obliged to provide it.

BAOFENG undertakes to keep the utmost confidentiality and confidentiality of the information provided and to use it only for the purposes indicated.

BAOFENG presumes that the data have been entered by the owner or person authorized by it, as well as that they are correct and accurate.

It is up to customers to update their own data. At any time, the Client will have the right to access, rectify, cancel and oppose all personal data included in the different registration forms. To modify or update their personal data, the Client must contact the Contact Form detailing the need.

Therefore, the Customer is responsible for the accuracy of the data and BAOFENG will not be responsible for the inaccuracy of the personal data of Customers.

CORRECT USE OF THE SERVICES

The Client undertakes to use the services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:

Use the services in a manner, for purposes or effects contrary to law, morality and generally accepted good customs or public order.

Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the owner of the corresponding rights or it is legally permitted.

Perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to BAOFENG or third parties.

Use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, and to market or disclose in any way such information.

The Customer shall be liable for damages of any kind that BAOFENG may suffer, on the occasion or as a result of breach of any of the above obligations as well as any others included in these General Conditions and / or those imposed by law in connection with the use of the Website.

BAOFENG will at all times ensure respect for the law in force in Hong Kong, and shall be entitled to discontinue, at its sole discretion, the Service or exclude the Customer from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offenses defined by the Penal Code in force, or in case of observing any conduct that in the opinion of BAOFENG are contrary to these General Conditions, the General Conditions of Contract that operate for this Website, the Law, the rules established by BAOFENG or its partners or may disrupt the proper functioning, image, credibility and / or prestige of BAOFENG or its partners.

PROPERTY RIGHTS

All contents of the Website, such as text, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of BAOFENG or third parties, whose rights in this regard legitimately holds BAOFENG, being therefore protected by national and international legislation.

The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a punishable offense.

Those Customers who send to the Website observations, opinions or comments through the Contact Form, in cases where the nature of the Services it is possible, it is understood that authorize BAOFENG for reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation of such observations, opinions or comments, for all the time of copyright protection that is legally provided and without territorial limitation. It is also understood that this authorization is given free of charge.

Claims that may be filed by Customers in relation to possible breaches of intellectual or industrial property rights on any of the Services of this Web Site should be addressed to the Contact Form

EXCLUSION OF WARRANTIES AND LIABILITY

Regardless of the provisions of the General Conditions of Contract relating to the procurement of goods contained in this Website, BAOFENG is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. Such services, information and materials are presented "as is" and are accessible without warranty of any kind.

BAOFENG reserves the right to interrupt access to the Website, as well as the provision of any or all Services provided through it at any time and without notice, either for technical, security, control, maintenance, power failure or any other justified cause.

Consequently, BAOFENG not guarantee the reliability, availability or continuity of its Website or the Services, so the use thereof by the Customer is carried out at your own risk, without, at any time, BAOFENG may be held liable to BAOFENG in this regard.

BAOFENG not be liable in case there are interruptions in the Services, delays, errors, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of BAOFENG, and / or due to a willful or negligent action of the Customer and / or has its origin in causes of fortuitous event or force majeure. Shall be included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, all those events beyond the control of BAOFENG, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack by hackers or third parties specialized in the security or integrity of the computer system, provided that BAOFENG has taken reasonable security measures in accordance with the state of the art. In any case, whatever its cause, BAOFENG not assume any liability for either direct or indirect damages, consequential damages and / or lost profits.

BAOFENG excludes any liability for damages of any kind that may be due to lack of truthfulness, accuracy, completeness and / or timeliness of the services transmitted, distributed, stored, made available or received, obtained or which has been accessed through the Website as well as the services provided or offered by third parties or entities. BAOFENG try as far as possible to update and rectify the information hosted on its Website that does not meet the minimum guarantees of accuracy. However it will be exonerated from liability for failure to update or rectification as well as the content and information contained therein. In this sense, BAOFENG has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by customers or partners, except in cases where it is required by law or when required by a competent judicial or administrative authority of Hong Kong.

Similarly, BAOFENG excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as documents or systems stored therein.

BAOFENG is not responsible for the use that the Customer makes of the Website Services or their passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other rights of third parties.

The Customer agrees to hold harmless BAOFENG, for any damage, loss, penalty, expense (including, without limitation, attorney's fees) or civil liability, administrative or otherwise, which may suffer BAOFENG that is related to the breach or partial or defective compliance on its part of the provisions of these General Conditions or applicable law, and especially in relation to its obligations regarding protection of personal data contained in these conditions.

CUSTOMS INFORMATION

When you order products on our website for delivery to a country outside the European Union, you may be required to pay import duties and taxes, which will be charged to you when the package arrives at its destination. Any additional charges due to customs clearance will be at your expense. The company has no control over such amounts. Customs policies vary significantly from country to country, so please check with the relevant customs office for further information. Please also remember that when you place an order on our website you are formally considered by law to be an importer, and you must comply with all applicable laws and regulations in the country in which you receive the product. Your privacy is a matter of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.

LINKS TO OTHER WEBSITES

BAOFENG does not guarantee or assume any liability for damages suffered by access to third party services through connections, links or links of the linked sites or the accuracy or reliability of the same. The function of the links that appear in BAOFENG is exclusively to inform the Customer about the existence of other sources of information on the Internet, where you can expand the services offered by the Portal. BAOFENG not be in any way responsible for the results obtained through these links or the consequences arising from access by customers to them. These third-party services are provided by them, so BAOFENG can not control and does not control the legality of the Services or their quality. Consequently, the Customer must exercise caution in assessing and using the information and services in the content of third parties.

APPLICABLE LAW AND JURISDICTION

For any interpretative or litigation issues that may arise shall apply the laws of Hong Kong and in case of dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the administrative region of Hong Kong.