Terms of Service

Avocommerce's Terms of Service

 

Last update: January 2019

Welcome to Avocommerce.com. This is a marketplace platform for services performed by AVO Trading Company employees.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Avocommerce website, including any content, functionality and services offered on or through www.avocommerce.com (the "Site"), by AVO International Ltd. or AVO Limited.,as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by requesting any type of service from AVO Trading Company, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Avocommerce services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available all the time if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to anytime@avocommerce.com.

 

Orders

Basics

  • Once payment is confirmed, your order will be created and given a unique AVO order number (#AVO).

  • Sellers must deliver completed items according to the service that was purchased and advertised on their website such as Alibaba.com, Globalsources, etc..

  • Using different delivery methods other than those stipulated by AVO Trading company in the Site may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. By doing this, seller and buyers waive responsibility on the Site for handling items and samples.

  • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using their own means or if you encounter non-permitted usage on the Site, users can contact AVO's Customer Support department for assistance.

 

Handling Orders

  • When a buyer orders an Executive Buyer Service, an AVO representative is notified by email as well as notifications on the site while logged into the account.

  • Sellers are required to meet the delivery time they specified when creating their Offers. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller's status and payment.

  • Sellers must send items/samples and/or proof of work using original copy of tracking information with AVO Trading Company’s information to mark the order as Delivered.

  • Users are responsible for making sure items they buy can be sent through regular means inside packages and mail without special permits or requirements to user’s countries and AVO Trading Company’s location in Taiwan. Avocommerce will not be held responsible for any damages and additional expenses which might occur due to not knowing the regulations of destination port/country.

  • A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller's status.

  • Buyers may send an email to anytime@avocommerce.com if the delivered items/samples/products do not match the seller's description on their product’s page or they do not match the requirements sent to the seller at the beginning of the order process.

 

Disputes and Cancellations

 

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using your own communication channels or if you encounter non-permitted usage on the Site, users can contact Avocommerce's Customer Support department for assistance at anytime@avocommerce.com.

 

Basics

  • Order cancellations can be performed by email before a PI Form is generated by supplier, and any down payment.

  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

  • In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site's customer support department to attempt to resolve the matter.

  • Avocommerce and AVO Trading Company reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

  • All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the products and the delivery may not be used if payment is cancelled for any reason.

  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance, only if cancellation is provided before any balance is transfer to supplier.

  • Revisions to products/custom made items/prototypes can be performed by sellers based on the seller’s offers and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.

  • Requests for revisions can be performed through the customer service department while the order is marked as ongoing.

  • Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions service is not allowed.

 

Order Cancellations

  • Avocommerce encourages Buyers and Sellers to resolve service disputes mutually using their own means.

  • Eligibility for requests to Avocommerce to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Avocommerce delivery system. See below for Order specific eligibility.

  • Completed orders may be cancelled, upon review of our Customer Support team, up to 45 business days after the order is marked as delivered.

  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the purchasing contract provided by the buyer was unclear.

  • Buyers must use Avocommerce Customer Service to address their concerns and desired resolution related to the service provided by their seller in case seller refuses to communicate with buyer, and only if buyer holds copy of business license from seller. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of Avocommerce.

  • Any non-permitted usage of Avocommerce encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Avocommerce’s Terms of Service.

  • Avocommerce Customer Support will cancel orders based on, but not limited to, the following reasons:

    • Active orders (after the buyer submits their requirements and before the seller delivers on AVO Trading Company or shipping company)

      • The seller is late and unresponsive for more than 24 hours while the order is marked as Late according to contract information.

      • Users are abusive towards the other party through threats of claiming misconduct or leveraging order materials (such as personal information) against each other.

      • Users supplied or included copyright/trademark infringing materials.

      • The user is no longer an active Avocommerce user due to Terms of Service violations or closure of their account.

    • Delivered Orders (after AVO Trading Company claims order has been delivered on time)

      • The seller extends the delivery due date to complete the requested service without providing the final delivered service to buyers.

        • Note: Multiple reported offenses will result in permanent cease of operations and legal prosecution.

      • The seller delivers no proof of work related to the agreed upon order requirements.

        • Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.

      • The seller requests additional payments, on or off the Avocommerce platform, by withholding the final delivery of products and services directly related to the agreed requirements.

      • Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.

      • Buyers who threaten to leave a damaging complain to gain more services from the seller not related to the agreed requirements.

    • Completed Orders (after the order is marked as delivered and before the 45 calendar days limitation)

      • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

      • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.

      • Avocommerce Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Customer Service that enabled the order to be marked as complete.

 

Refunds

  • Avocommerce & AVO Trading Company does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer's account of choice as long as it does not imposes additional transaction costs on AVO Trading Company’s bank account. Funds returned to your balance from cancelled orders will not include processing fees paid.

  • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

 

User Conduct And Protection

Avocommerce enables people around the world to buy, export, trade, and provide products and services with great value. Services offered on Avocommerce reflect the diversity of an expanding more flexible and fast moving economy.

Avocommerce maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Avocommerce. This section relates to the expected conduct users should adhere to while interacting with each other on Avocommerce.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

 

Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Avocommerce team in order to circumvent or abuse the Avocommerce communication means or Avocommerce platform is not permitted.

  • Any necessary exchange of personal information required to continue a service may be exchanged within the Customer Support team.

  • Avocommerce nor AVO Trading Company does not provide any guarantee of the quality of products offered to buyers. You may use the dispute resolution tools provided to you by Customer Support.

  • Avocommerce does not provide protection for users who interact outside of the Avocommerce platform.

  • All products and services contracts must be performed exclusively through AVO Trading Company’s team members.

  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

  • Avocommerce is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Orders

  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying or cancelling orders that do not align on Order Cancellation policies.

  • Avocommerce reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, Avocommerce will return parts or full revenue back to sellers.

 

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

 

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

 

Non-Permitted Usage

 

Adult Services & Pornography - Avocommerce does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication should be friendly, constructive, and professional. Avocommerce condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Avocommerce takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of AVO Trading Company Customer Support or message center will not be protected by our Terms of Service.

Intellectual Property Claims - Avocommerce will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use - You may not use Avocommerce  for any unlawful purposes or to conduct illegal activities.

 

Abuse and Spam

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on and off Avocommerce main communication channels such as emails and recorded calls.

 

General Terms

  • Avocommerce reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.

  • Violation of Avocommerce's Terms of Service may get your account disabled permanently.

  • Users with disabled accounts will not be able to sell or buy on Avocommerce.

  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

  • Sellers will be able to withdraw their refunds from disabled accounts after a safety period of 30 calendar days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Avocommerce's approval.

  • Disputes should be handled using Avocommerce's Customer Support.

  • Avocommerce may make changes to its Terms of Service from time to time. When these changes are made, Avocommerce will make a new copy of the terms of service available on this page.

  • You understand and agree that if you use Avocommerce after the date on which the Terms of Service have changed, Avocommerce will treat your use as acceptance of the updated Terms of Service.

 

Commercial Use License

 

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Avocommerce’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Avocommerce will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

 

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AVOCOMMERCE NOR ANY PERSON ASSOCIATED WITH AVOCOMMERCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PRODUCT SAMPLES PROVIDED BY SUPPLIERS, AND ANY PURCHASE MADE WITHOUT CONTRACTING AVO TRADING COMPANY SERVICES EXPLICITLY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Automatic Translation

 

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English and Spanish version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English and Spanish version of the website which is the official version.

 

Limitation on Liability

IN NO EVENT WILL AVOCOMMERCE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

anytime@avocommerce.com

Office 316, #7 Huasheng Rd. Xiamen City, Fujian. China

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