Conditions of Sale

Last updated: 

September 30, 2022

These Conditions of Sale govern the sale of products and/or services on https://www.ezviz.com/ca by EZVIZ International Limited to users in the territory of Canada (“you”), collectively “EZVIZ Marketplace CA”.

Please read these conditions carefully before placing an order for products and/or service sold by EZVIZ Marketplace CA, by placing an order you agree to be bound by these conditions.

Note that the services under EZVIZ Marketplace CA are a kind of EZVIZ Services, which  are provided by EZVIZ International Limited and/or its affiliates (collectively “EZVIZ”), with a wide range . When you use an EZVIZ Service(for example, placing an order to EZVIZ Marketplace CA) you also will be subject to the general policies, terms and agreements in connection with EZVIZ Services ("General Service Terms"). If these Conditions of Sale are inconsistent with the General Service Terms, these Conditions of Sale shall prevail.

YOU MAY NOT ORDER PRODUCTS FROM EZVIZ MARKETPLACE CA IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE OUTSIDE OF CANADA, (C) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (D) ARE PROHIBITED FROM ACCESSING OR USING OR EZVIZ SERVICES BY APPLICABLE LAW.

1.OUR CONTRACT

With respect to products sold by EZVIZ Marketplace CA, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, the system will automatically confirm your order within one hour if the payment is completed. If you place an order on the website but the payment is not completed after half an hour, a reminder payment email will be sent. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the system confirms your order. 

Your contract of sale is with EZVIZ International Limited. The performance of the contract may require the participation of the related parties or suppliers of EZVIZ, in which case we will try our best to ensure the integrity and consistency of your use experience.

For successful transactions, we will provide you with invoices according to your application. You consent to receive sales invoices electronically. If you need an electronic invoice, please contact us via shop.na@ezviz.com. The electronic invoices will be made available in pdf format and be sent via email.

These Conditions of Sale do not apply to any products or services sold by, and any transaction between you and a third party seller on the EZVIZ Marketplace CA.

2. CANCELLATION AND RETURNS POLICIES

Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product. You may submit your cancellation request using/via My Account-My Orders-Order Detail-Cancel Order of the website.

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

the supply of goods made to your specifications or clearly personalized; the supply of goods which may deteriorate or expire rapidly; a service if EZVIZ has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started; the supply of digital content (including apps, digital software, etc.) which is not supplied on a tangible medium once download or use (whichever is earlier) has begun.

RETURNS POLICY

EZVIZ offers a 30-day return guarantee for the EZVIZ products purchased from the EZVIZ Marketplace CA since the date of your purchase. To be eligible for a refund, your item must be new, unused, complete (including all accessories) and undamaged, in the original packaging. You will be responsible for paying for your own shipping costs for returning your item. EZVIZ will process your return and issue a full refund (excluding the original shipping costs) after receiving your return of the eligible product(s). Please see About Our Returns Policies for more details.

3. PRICING AND AVAILABILITY

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or us.  With respect to items sold by EZVIZ Marketplace CA, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by EZVIZ Marketplace CA is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 

4. DELIVERY TIMES

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where estimated delivery times apply, you are still entitled have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2.

Risk of loss and title for items purchased from EZVIZ Marketplace CA pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.

5. PRODUCT INFORMATION

Unless expressly indicated otherwise, EZVIZ will work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us.

6. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your order and/or use of our Services under EZVIZ Marketplace CA.

7. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

8. SANCTIONS AND EXPORT POLICY

You may not use any EZVIZ Marketplace CA SERVICE if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using EZVIZ SERVICEs. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including EZVIZ Software), technology, and services.

9. DISCLAIMER AND LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

THE EZVIZ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZVIZ PRODUCTS AND /OR SERVICES ARE PROVIDED BY EZVIZ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EZVIZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EZVIZ SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZVIZ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EZVIZ SERVICES IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY LAW, EZVIZ DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZVIZ DOES NOT WARRANT THAT THE EZVIZ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZVIZ SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EZVIZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EZVIZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EZVIZ SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EZVIZ SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING

10. APPLICABLE LAW

You agree that your access and all related activities on or through the Site shall be governed by, construed, and interpreted in accordance with the laws of the People's Republic of China. You agree that any dispute between the parties arising out of or in connection with these Terms or your access and all related activities on or through the Site shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in some jurisdiction where such dispute resolution may be prohibited. For example, if you are a user based in the European Union, you may make a claim in the courts of the country where you reside.

11. AMENDMENTS

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us. 

12. SEVERABILITY

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

14. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use https://www.ezviz.com/ca with the involvement of a parent or guardian.

15. OUR CONTACT DETAILS

Our contact details are:

Order Support: shop.na@ezviz.com

Technical Support: help.na@ezviz.com

Warranty Support: rma.na@ezviz.com

For general inquiries: Contact us 

Address for service of notices for EZVIZ International Limited

6/F, MANULIFE PLACE, 348 KWUN TONG ROAD, KOWLOON, HONG KONG, CHINA