Terms and Conditions

These Terms and Conditions (“Terms”, “Terms of Service”) govern your access to and use of https://samarink.store (the “Site”), and all products, services, and transactions offered through the Site. The Site is owned and operated by SAMARINK, a brand of Zhuzhou Xiangwu Trading Co., Ltd. (“we”, “us”, “our”).

By accessing the Site, creating an account, placing an order, or using any of our services, you confirm that you have read, understood, and unconditionally agreed to be bound by these Terms, as well as our Privacy Policy, Shipping Policy, Payment Terms, and Refund Policy (collectively, the “Policies”), all of which are incorporated into these Terms by reference. If you do not agree to any part of these Terms, you must immediately cease accessing and using the Site and our services.

DEFINITIONS

For the purposes of these Terms:

  • “User”, “you”, “your” means any individual or entity that accesses, browses, or uses the Site, places an order, or creates an account on the Site.
  • “Services” means all products, e-commerce functionality, customer support, and other services offered through the Site.
  • “Order” means a request submitted by you to purchase products from us through the Site.
  • “Transaction” means the completed purchase and payment for products ordered through the Site.

SECTION 1 – ELIGIBILITY & ONLINE STORE TERMS

  1. Age Eligibility: The Site and Services are intended for users who are at least 18 years of age (the age of majority in most U.S. jurisdictions). By using the Site, you represent and warrant that you are 18 years of age or older, with full legal capacity to enter into a binding contract with us.
  2. Minor User Prohibition: The Site is not directed to children under the age of 13, in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA). We do not knowingly permit users under 13 to access or use the Site, and we do not collect personal information from children under 13. If you are a parent or guardian and become aware that a child under 13 has accessed the Site, please contact us immediately.
  3. Lawful Use: You may not use our products or Services for any illegal, unauthorized, or fraudulent purpose. You may not, in the use of the Services, violate any laws, regulations, or ordinances applicable to you (including but not limited to copyright, trademark, and data privacy laws).
  4. Harmful Code Prohibition: You must not transmit any worms, viruses, malware, or any code of a destructive or malicious nature to the Site or through our Services.
  5. Breach Consequences: Any breach or violation of these Terms will result in immediate termination of your access to the Site and Services, and we reserve the right to pursue all legal remedies available to us.

SECTION 2 – GENERAL CONDITIONS

  1. Service Refusal: We reserve the right to refuse Service to any individual or entity, for any legitimate reason, at any time. We will not refuse Service on the basis of race, gender, religion, ethnicity, sexual orientation, disability, national origin, or any other protected class under applicable U.S. federal and state anti-discrimination laws.
  2. Data Transmission: You acknowledge that your submitted content (excluding payment card and sensitive financial information) may be transferred unencrypted across networks, and may be modified to conform to the technical requirements of connecting networks or devices. Sensitive payment card information is always encrypted during transmission over networks, in compliance with PCI DSS security standards.
  3. Intellectual Property Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, access to the Service, or content on the Site, without our express prior written permission. All intellectual property rights in the Site, including text, images, logos, product designs, and trademarks, are the exclusive property of SAMARINK or our licensors.
  4. Headings: The headings used in these Terms are included for convenience only, and do not limit, define, or otherwise affect the interpretation of any provision of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

  1. We strive to ensure that all information on the Site, including product descriptions, pricing, availability, and shipping timelines, is accurate, complete, and up to date at the time of publication. We will promptly correct any verified inaccuracies or errors brought to our attention.
  2. The material on the Site is provided for general informational purposes only, and should not be relied upon as the sole basis for making purchasing decisions without reviewing the full product specifications and Policies. Any reliance on the material on the Site is at your own reasonable risk.
  3. The Site may contain historical information for reference only. Historical information is not current, and we do not warrant its ongoing accuracy or relevance.
  4. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update information that is no longer relevant, except as required by applicable law. You agree that it is your responsibility to review the most current version of these Terms and Policies on the Site periodically.

SECTION 4 – MODIFICATIONS TO THE SERVICE & PRICES

  1. Prices for our products are subject to change at any time, without prior notice, for orders that have not yet been placed and confirmed.
  2. For confirmed, paid orders, we will not modify the price you were charged at checkout, except in the case of a verified typographical error, or as required by applicable tax laws.
  3. We reserve the right to modify or discontinue the Service (or any part of the Site or product offering) at any time, without prior notice, for orders that have not yet been placed. For confirmed, paid orders, we will not discontinue the Service without fulfilling your order or providing a full refund if fulfillment is not possible.
  4. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service for unplaced orders, as permitted by this section.

SECTION 5 – PRODUCTS & SERVICES

  1. Online Exclusive Products: Certain products may be available exclusively online through the Site. These products may have limited quantities, and are subject to return or exchange only in accordance with our Refund Policy.
  2. Product Display: We make every effort to accurately display the colors, dimensions, and images of our products on the Site. However, we cannot guarantee that your computer monitor’s display of any color, texture, or detail will be completely accurate, due to variations in monitor settings.
  3. Sales Restrictions: We reserve the right, on a case-by-case basis, to limit the sales of our products or Services to any geographic region or jurisdiction where we are unable to fulfill orders in compliance with local laws. We also reserve the right to limit the quantities of any products or Services that we offer, per order, per household, or per customer.
  4. Product Descriptions & Pricing: All product descriptions, specifications, and pricing are subject to change at any time without notice, for unplaced orders. Any offer for any product or Service made on the Site is void where prohibited by law.
  5. Warranty Statement: We warrant that all products sold through the Site will be free from material defects in workmanship and materials at the time of delivery, and will be fit for their ordinary intended use (shower and bathroom installation and operation). This warranty is subject to our Refund Policy, and does not cover damage from improper installation, misuse, or normal wear and tear. Nothing in these Terms excludes or limits any implied warranties mandated by applicable U.S. federal or state law, including the implied warranty of merchantability and fitness for a particular purpose.

SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION

  1. Order Acceptance & Refusal: We reserve the right to refuse or cancel any order you place with us, in our sole reasonable discretion, in the following limited circumstances:
    • The order contains verified pricing or product description errors;
    • The product is out of stock or discontinued;
    • We have reasonable grounds to suspect the order is fraudulent, unauthorized, or linked to illegal activity;
    • The shipping address is invalid, incomplete, or outside our service area;
    • You have previously violated these Terms or our Policies.
  2. Order Limits: We may, in our reasonable discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address.
  3. Order Change/Cancellation Notification: In the event that we modify or cancel an order, we will attempt to notify you within 1 business day via the email and/or billing phone number provided at the time the order was made. For canceled orders, we will issue a full refund to your original payment method immediately.
  4. Reseller Prohibition: We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, or distributors for commercial resale purposes.
  5. Your Information Obligations: You agree to provide current, complete, and accurate purchase, account, and billing information for all orders placed at our store. You agree to promptly update your account and other information, including your email address, payment method details, and shipping addresses, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

  1. We may provide you with access to third-party tools integrated into the Site (including payment processors, shipping carriers, and analytics services), over which we have no direct control over the tool’s core functionality.
  2. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind, and without any endorsement by us. We have conducted a reasonable baseline review of the third-party tools to ensure they meet industry security and compliance standards, but we shall have no liability whatsoever arising from or relating to your use of these third-party tools.
  3. Any use by you of the optional third-party tools offered through the Site is entirely at your own risk and discretion. You should review and approve the terms of service and privacy policies of the relevant third-party provider(s) before using their tools.
  4. Any new features, services, or tools added to the Site in the future will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

  1. Certain content, products, or services available via the Site may include materials from, or links to, third-party websites that are not affiliated with us.
  2. We are not responsible for examining or evaluating the content, accuracy, or security of third-party websites. We do not warrant, and will not have any liability or responsibility for, any third-party materials, websites, products, or services.
  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You should review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

  1. If you send us creative ideas, suggestions, proposals, product reviews, feedback, or other materials (collectively, “User Submissions”), whether at our request or unsolicited, you retain full ownership of the copyright and intellectual property rights in your User Submissions.
  2. By submitting User Submissions to us, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, modify, publish, distribute, translate, and display your User Submissions in any media, solely for the purposes of operating the Site, promoting our products and services, and improving our offerings. We will not sell your User Submissions to third parties without your explicit prior written consent.
  3. We are under no obligation to maintain your User Submissions in confidence, to pay compensation for your User Submissions, or to respond to your User Submissions. However, we will respond to all customer service inquiries, feedback, and complaints submitted through our official support channels, in accordance with our customer service commitments.
  4. We may, but have no obligation to, monitor, edit, or remove User Submissions that we determine in our reasonable discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms.
  5. You agree that your User Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your User Submissions will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Site or Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you make and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy, which is available on the Site and incorporated into these Terms by reference. For details on how we collect, use, protect, and share your personal data, please review the full Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

  1. Occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability.
  2. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice, for orders that have not yet been confirmed and paid.
  3. For confirmed, paid orders:
    • If we identify a material error in the product description or pricing of your order, we will contact you within 2 business days to inform you of the error. You will have the option to either continue with the order at the corrected price/terms, or cancel the order for a full refund.
    • We will not cancel or modify your confirmed order without your explicit consent, except in the limited circumstances outlined in Section 6 of these Terms.
  4. We undertake no obligation to update, amend, or clarify information in the Service or on the Site, except as required by applicable law. No specified update or refresh date on the Site should be taken to indicate that all information on the Site has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:

  1. For any unlawful purpose, or to solicit others to perform or participate in any unlawful acts;
  2. To violate any international, federal, state, or local regulations, rules, laws, or ordinances;
  3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  5. To submit false or misleading information;
  6. To upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service, the Site, or any related websites;
  7. To collect or track the personal information of others without their explicit consent;
  8. To spam, phish, pharm, pretext, spider, crawl, or scrape the Site or its content;
  9. For any obscene or immoral purpose;
  10. To interfere with or circumvent the security features of the Service, the Site, or any related websites.

We reserve the right to terminate your use of the Service or Site for violating any of the prohibited uses, in accordance with Section 16 of these Terms.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. Disclaimer of Warranties: Except for the express product warranty set forth in Section 5 of these Terms, and except for any warranties that cannot be excluded or limited by applicable law, we do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  2. Service Interruptions: You agree that we may remove the Service for indefinite periods of time, or suspend or cancel the Service at any time, for scheduled maintenance, security updates, or other legitimate business reasons. We will provide advance notice of scheduled service interruptions where reasonably possible.
  3. Risk of Use: You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use, except as expressly stated in these Terms, without any representations, warranties, or conditions of any kind, either express or implied, except those mandated by applicable law.
  4. Liability Limitation: To the fullest extent permitted by applicable U.S. federal and state law:
    • In no event shall SAMARINK, our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, or employees be liable for any indirect, incidental, special, punitive, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Service or any products procured using the Service.
    • Our total aggregate liability to you for any claim arising out of or related to these Terms, the Site, the Service, or any products purchased, shall in no event exceed the total amount you paid to us for the specific order that is the subject of the claim.
  5. Non-Limitation of Liability: Nothing in this section shall limit or exclude our liability for:
    • Personal injury or death caused by our gross negligence, willful misconduct, or defective products;
    • Fraud or fraudulent misrepresentation;
    • Any other liability that cannot be excluded or limited by applicable U.S. federal or state law.
  6. Jurisdictional Notice: Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SAMARINK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), made by any third party due to or arising out of:

  1. Your breach of these Terms or the Policies incorporated herein;
  2. Your violation of any law or the rights of a third party;
  3. Your User Submissions or any content you submit to the Site;
  4. Your fraudulent or unauthorized use of the Site or Services.

We will provide you with prompt written notice of any such claim, and will reasonably cooperate with you in the defense of the claim, at your expense. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.

SECTION 16 – TERMINATION

  1. The obligations and liabilities of both parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. These Terms are effective unless and until terminated by either you or us.
    • User Termination: You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, and ceasing all access to and use of the Site. Upon termination, any unfulfilled orders will be completed or refunded in accordance with our Policies.
    • Merchant Termination: If, in our reasonable judgment, you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time, with prior written notice to you where reasonably possible. You will remain liable for all amounts due up to and including the date of termination, and we may deny you future access to our Services.
  3. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, liability limitations, indemnification, and governing law provisions.

SECTION 17 – ENTIRE AGREEMENT

  1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  2. These Terms and the Policies posted by us on the Site constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).
  3. Any ambiguities in the interpretation of these Terms shall be construed in favor of the non-drafting party (you), in accordance with applicable U.S. state and federal law governing form contracts.

SECTION 18 – SMS & MARKETING COMMUNICATIONS (TCPA COMPLIANCE)

  1. Consent to SMS Communications: By providing your mobile phone number and explicitly opting in to receive SMS marketing communications from us (either during checkout, via our subscription tools, or other opt-in mechanisms), you agree to receive recurring automated marketing text messages (including promotional offers, product updates, and abandoned checkout reminders) and transactional text messages (including order updates, shipping notifications, and customer service alerts) from us at the mobile number provided.
  2. No Purchase Required: Your consent to receive marketing SMS communications is not a condition of purchase, sale, or service of any kind. You may complete a purchase without opting in to marketing communications.
  3. Message Frequency: Message frequency varies based on your interactions with us and the marketing campaigns we run. Transactional messages will be sent only as needed to fulfill your order or service requests.
  4. Opt-Out Rights: You may unsubscribe from receiving marketing SMS messages at any time by:
    • Replying with STOP, END, QUIT, CANCEL, UNSUBSCRIBE, or any other reasonable opt-out keyword to any SMS message we send;
    • Contacting us at service@samarink.store with your mobile phone number and a request to unsubscribe from SMS marketing.We will process all valid opt-out requests within 10 business days, in full compliance with the U.S. Telephone Consumer Protection Act (TCPA). We will not charge you for the SMS service, but you are responsible for all message and data rates imposed by your wireless provider.
  5. HELP Information: For help with SMS communications, reply HELP to any SMS message we send, or contact us at service@samarink.store.
  6. Service Modifications: We reserve the right to modify the telephone number or short code we use to operate the SMS service at any time. We will provide you with at least 10 days’ advance notice of any such change via SMS or email.
  7. Liability Limitation: To the fullest extent permitted by applicable law, we will not be liable for failed, delayed, or misdirected delivery of any SMS message, any errors in the content of a message, or any action you take in reliance on an SMS message, except where the failure or error is caused by our gross negligence or willful misconduct.

SECTION 19 – GOVERNING LAW & DISPUTE RESOLUTION

  1. These Terms, and all disputes, claims, or controversies arising out of or related to these Terms, the Site, the Services, or any transaction between you and us, shall be governed by and construed in accordance with the internal laws of the State of New York, United States of America, without regard to its conflict of law principles.
  2. Any dispute, claim, or controversy arising out of or related to these Terms shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation within 30 days of the first notice of the dispute, either party may submit the dispute to the exclusive jurisdiction of the state and federal courts located in New York County, New York, United States of America. You irrevocably consent to the personal jurisdiction and venue of these courts for any such dispute.

SECTION 20 – CHANGES TO TERMS OF SERVICE

  1. You can review the most current version of these Terms at any time on this page of the Site.
  2. We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms at any time.
  3. Material Changes: For material changes to these Terms (including changes to governing law, liability limitations, consumer rights, warranty terms, or core service rules), we will provide notice at least 30 days before the changes take effect, via a prominent notice on the Site’s homepage and an email to registered users with active accounts.
  4. Your Rights: Your continued use of or access to the Site or Services following the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Site and Services, and may request a full refund for any unfulfilled, paid orders.

SECTION 21 – CONTACT US

For all questions, concerns, or complaints regarding these Terms, our Services, or any transaction, please contact our customer support team using the details below:

  • Email: service@samarink.store
  • Phone: +86 18607330049
  • Customer Service Hours: Monday to Friday, 9:00 AM – 6:00 PM (China Standard Time, UTC+8)
  • Response Commitment: All inquiries received during our service hours will receive a response within 24 business hours. Inquiries received outside of service hours will be responded to on the next business day.
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