Terms of Use
1. Introduction
These Terms of Use ("Terms") govern your access to and use of the Skysong Fireworks wholesale ordering website (the "Site") and the services provided through it. By creating an account, placing an order, or otherwise using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site.
2. Business Use Only
The Site is intended solely for wholesale buyers — importers, distributors, wholesalers, and retailers purchasing fireworks for resale. It is not intended for individual consumers. By using the Site you represent that you are acting in the course of a business and not as a private consumer.
3. Accounts and Security
To view pricing and place orders you must register an account using accurate and complete information, and keep that information up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account. We may suspend or terminate any account that provides false information or breaches these Terms.
4. Products, Pricing and Availability
Product descriptions, specifications and images are provided for general information and may be changed without notice. Prices shown are wholesale prices for the market associated with your account and are subject to change until an order is confirmed in writing. All products are subject to availability, minimum order quantities and applicable export requirements.
5. Orders and Acceptance
An order becomes binding on us only when we confirm it in writing (for example, by order confirmation or proforma invoice). We may decline or cancel any order, in whole or in part, for reasons including product availability, regulatory restrictions, or pricing errors. Any terms you seek to impose do not apply unless we expressly agree to them in writing.
6. Payment
Payment terms, including any deposit, balance and due dates, are set out in our order confirmation or proforma invoice. Orders may be subject to deposits and stage payments. All amounts are payable in the currency specified, without set-off or deduction. We may delay or cancel an order if payment is not received on time.
7. Shipping, Delivery and Risk of Loss
Unless otherwise agreed, shipments are made on the Incoterm stated in the order confirmation (for example, FCA). Delivery dates are estimates only and are not guaranteed. Title and risk of loss pass to you in accordance with the agreed Incoterm. To the extent provided by the agreed Incoterm, you are responsible for arranging and paying for carriage, insurance, import clearance, duties and taxes.
8. Product Use and Safety
Fireworks are hazardous goods and must be handled, stored, transported and used in accordance with all applicable laws, regulations and the manufacturer's instructions. You are solely responsible for the safe and lawful use, storage and sale of the products, and for ensuring that end users are of legal age and comply with local law. We are not responsible for any misuse, unlawful use, or failure to follow safety instructions.
9. Regulatory and Import Compliance
You are solely responsible for compliance with all laws and regulations applicable to the import, export, transport, storage, sale and use of the products in your territory, including obtaining all necessary licences, permits and certifications. We make no representation that any product complies with the laws of your jurisdiction.
10. Intellectual Property
All content on the Site, including text, graphics, logos, images and software, is owned by Skysong Fireworks or its licensors and is protected by intellectual property laws. You may not reproduce, distribute or otherwise use any Site content for commercial purposes without our prior written consent.
11. Disclaimer of Warranties
The Site and all products and information are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted or error-free.
12. Limitation of Liability
To the fullest extent permitted by law, Skysong Fireworks shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business or data, arising out of or relating to these Terms, the Site or any products, even if advised of the possibility of such damages. Our aggregate liability in connection with any order shall not exceed the amount you paid for the products giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless Skysong Fireworks and its affiliates, officers, directors, employees and agents from any claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out of your use of the Site, your breach of these Terms, or your violation of any law or third-party right.
14. Termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice. Provisions that by their nature should survive termination, including those relating to payment, liability, indemnification and intellectual property, shall survive termination.
15. Governing Law and Disputes
These Terms are governed by the laws of the People's Republic of China, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the products shall first be resolved through good-faith negotiation and, failing that, by the competent courts of the place where Skysong Fireworks is domiciled, unless mandatory law provides otherwise.
16. Changes to These Terms
We may update these Terms from time to time. The updated Terms take effect when posted on the Site, and your continued use of the Site after any change constitutes acceptance of the revised Terms.
17. Contact
Questions about these Terms may be sent to [email protected].