Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to xing&xi. The terms "we", "us" and "our" refer to xing&xi, operated by Shenzhen Zhiyou Technology Co., Ltd.
xing&xi operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at https://xingandxi.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you have obtained the consent of a parent or legal guardian where required.
To access or use certain parts of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information and shipping address.
You represent and warrant that all information you provide is accurate, current and complete, and that you have the legal right to provide such information.
You are responsible for maintaining the security of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS
We make every reasonable effort to accurately display and describe our products. However, colors and product appearance may vary depending on your screen, device, lighting conditions and display settings.
Because our products are handmade using real dried or preserved flowers, natural variations in color, shape, size, texture and placement are expected. These variations make each product unique and are not considered defects. Natural botanical materials may also change slightly in color or appearance over time.
Product photographs are representative examples. A handmade product may not be identical to the item shown in a product photograph, particularly where natural flowers, leaves or other botanical materials are used.
We do not guarantee that the appearance of a product will exactly match how it appears on your screen. However, this does not limit any rights you may have in relation to a product that is defective, damaged or materially different from its description.
All product descriptions, prices and availability are subject to change without notice. We reserve the right to discontinue products or limit the quantities available to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Your order is not accepted until we confirm acceptance and successfully process your payment.
We reserve the right to accept, decline, limit or cancel an order where reasonably necessary, including in cases of suspected fraud, payment problems, pricing errors, product unavailability, shipping restrictions or violations of these Terms.
If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing information, shipping address or phone number provided with the order.
You are responsible for reviewing your order carefully before submitting it, including the selected phone model, product style, color, personalization details, shipping address and contact information.
You are responsible for selecting the correct phone model and product options. If you are unsure about compatibility, please contact us at support@xingandxi.com before placing your order.
Because our products are made to order, cancellation requests must be submitted within 12 hours of placing the order. We cannot guarantee cancellation after production has started.
Personalized or customized products may not be eligible for return or exchange unless they arrive damaged, defective or materially different from what was ordered. Additional conditions are stated in our Return and Refund Policy, available at https://xingandxi.com/policies/refund-policy.
You represent and warrant that products purchased through our store are intended for your personal or household use and not for commercial resale.

SECTION 4 - PRICES, PAYMENT AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged will be the price displayed at the time your order is placed, subject to the correction of clear pricing or technical errors. The applicable price will be shown in your order confirmation.
Unless expressly stated otherwise, product prices do not include shipping charges, customs duties, import taxes, handling fees or other charges imposed by the destination country.
Prices displayed on our store may differ from prices displayed through third-party sales channels. Promotions may be governed by separate terms. If promotional terms conflict with these Terms of Service, the promotional terms will apply to that promotion.
You agree to provide current, complete and accurate payment, billing and account information.
You represent and warrant that the payment information you provide is accurate and complete, that you are authorized to use the selected payment method, that charges incurred through your selected payment method will be honored, and that you will pay all charges associated with your order, including applicable shipping charges and taxes.
Payment processing may be provided by third parties, including PayPal. Your use of a third-party payment service may also be subject to that provider's terms and privacy policy.

SECTION 5 - SHIPPING AND DELIVERY
Our products are made to order.
Our estimated processing time is approximately 7 business days. Processing time begins after payment is confirmed and does not include weekends or public holidays.
After dispatch, estimated transit time to the United States and Canada is approximately 10-15 business days.
The estimated total time from placing an order to delivery is therefore approximately 17-22 business days. These timeframes are estimates and are not guaranteed.
If we become unable to dispatch your order within the timeframe stated at checkout, we will contact you with a revised estimate and provide you with the option to accept the delay or cancel the unshipped order for a full refund.
Delivery may be delayed by carrier disruptions, customs inspections or processing, severe weather, public holidays, incorrect or incomplete addresses, remote delivery locations or events outside our reasonable control.
Customers are responsible for providing a complete and accurate delivery address. We are not responsible for delays or failed delivery caused by inaccurate or incomplete information supplied by the customer.
Unless expressly stated at checkout, customs duties, import taxes, brokerage fees and related charges imposed by the destination country are the customer's responsibility.
Please contact us at support@xingandxi.com if your order appears to be lost, arrives damaged or contains an incorrect item. We will make reasonable efforts to assist you and, where appropriate, work with the shipping carrier.
Additional information is available in our Shipping Policy at https://xingandxi.com/policies/shipping-policy.

SECTION 6 - INTELLECTUAL PROPERTY
The Services, including our trademarks, brand names, logos, text, product descriptions, graphics, photographs, videos, audio, designs, website layout and other content, are owned by xing&xi, Shenzhen Zhiyou Technology Co., Ltd., our affiliates or our licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, license or commercially exploit any material from the Services.
Nothing in these Terms grants you any license or ownership right in the intellectual property of xing&xi, Shopify or any third party, except for the limited right to access and use the Services in accordance with these Terms.
The xing&xi name, logo, product names, designs and slogans are trademarks or brand assets of xing&xi or their respective owners. They may not be used without prior written permission.
Shopify's name, logo, product names and associated trademarks belong to Shopify or its respective licensors.

SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, applications or services operated by third parties.
We do not necessarily monitor or control these third-party tools. Unless otherwise expressly stated, access is provided on an "as is" and "as available" basis without endorsement or warranty.
Your use of optional third-party tools is at your own discretion and may be subject to separate terms and privacy policies provided by those third parties.
We may introduce additional tools, resources or features in the future. Unless otherwise stated, those features will form part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS
The Services may include links to websites, content or services operated by third parties.
We are not responsible for examining or evaluating the accuracy, security, availability or practices of third-party websites. Accessing a third-party website is at your own discretion and risk.
We are not responsible for losses or damages arising from your purchase or use of products, services, resources or content offered by third parties.
Before completing a transaction with a third party, you should review that party's terms, policies and practices. Questions or complaints regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
xing&xi is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our store are made directly from xing&xi, operated by Shenzhen Zhiyou Technology Co., Ltd.
Shopify is not the seller of our products and is not responsible for the manufacture, description, sale, fulfillment, delivery, return or quality of products purchased from xing&xi.
To the extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for injury, damage or loss resulting from products purchased directly from xing&xi.
Nothing in this section limits rights or remedies that cannot legally be waived.

SECTION 10 - PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy, available at https://xingandxi.com/policies/privacy-policy.
Because our store is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services.
Information you provide may be transmitted to Shopify and to third-party service providers located in countries other than your country of residence where necessary to operate the store, process payments, fulfill orders, prevent fraud, provide customer support and improve the Services.
You can review Shopify's Consumer Privacy Policy at https://www.shopify.com/legal/privacy/consumers.
By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

SECTION 11 - FEEDBACK, REVIEWS AND SUBMISSIONS
If you submit reviews, photographs, videos, suggestions, ideas, feedback or other content to us, you represent that you own the content or have all rights necessary to submit it.
You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, translate and display that content for the purposes of operating, improving and promoting the Services.
Where required by applicable law, we will obtain additional permission before using identifiable customer photographs or personal information in advertising.
You represent and warrant that your submission does not infringe intellectual property, privacy, publicity or other rights; is not unlawful, defamatory, abusive, obscene or misleading; does not contain viruses, malware or harmful code; accurately discloses any compensation or incentive received; and complies with these Terms.
We may monitor, edit, decline to publish or remove content that violates these Terms or applicable law.
You remain responsible for the accuracy and legality of any content you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, compatibility, pricing, promotions, shipping charges, delivery estimates or availability.
We reserve the right to correct errors, update information or cancel an affected order where information is materially inaccurate.
If we cancel an order due to an error after receiving payment, we will refund the applicable amount to the original payment method.

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services for unlawful, fraudulent or malicious purposes; to violate applicable law; to infringe our intellectual property rights or the rights of another person; to harass, abuse, threaten, defame or harm another person; to transmit false, deceptive or misleading information; to distribute spam, malware, viruses or other harmful material; to impersonate another person or business; to collect or track personal information without authorization; to interfere with the security or operation of the Services; to bypass access controls, fraud-prevention systems or security measures; to scrape, extract, reproduce or commercially exploit store content without permission; or to engage in conduct that restricts another person's lawful use of the Services.
We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

SECTION 14 - AUTOMATED AGENTS
This section applies to autonomous or semi-autonomous software, services or systems that access or interact with the Services on behalf of a person or entity ("Agents").
An Agent must not misrepresent itself as a human or attempt to circumvent CAPTCHAs, security checks, access controls or measures designed to limit automated activity.
Where technically applicable, an Agent must identify itself accurately and comply with our instructions, published technical restrictions and applicable law.
We may limit or block automated access where reasonably necessary to protect customers, prevent fraud, maintain security or preserve the availability of the Services.
Nothing in this section prevents ordinary use of accessibility tools, browser features, search engines operating in accordance with our published settings or services expressly authorized by us.

SECTION 15 - TERMINATION
We may suspend or terminate access to the Services if you materially breach these Terms, misuse the Services, engage in fraudulent or unlawful activity or threaten the security or operation of the Services.
You remain responsible for amounts properly incurred before termination.
Sections that by their nature should continue after termination will survive, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided through the Services is made available for general informational purposes.
Although we make reasonable efforts to ensure that store information is accurate, we do not guarantee that all information will always be complete, current or error-free.
Except as expressly stated by us or required by applicable law, the Services are provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot legally be excluded, restricted or modified.

SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, xing&xi, Shenzhen Zhiyou Technology Co., Ltd., our affiliates, officers, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising from your use of the Services or purchase of a product.
This may include lost profits, lost revenue, lost savings, loss of data or replacement costs where such losses were not reasonably foreseeable or where liability may legally be limited.
Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence where such liability cannot be excluded, breach of a non-waivable consumer right or any other liability that cannot legally be excluded or limited.
Where liability can legally be limited, our aggregate liability relating to a particular order will not exceed the amount paid for that order, except where applicable law requires otherwise.

SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless xing&xi, Shenzhen Zhiyou Technology Co., Ltd., Shopify and our respective affiliates, officers, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, your unlawful use of the Services, your violation of another person's rights or content you submit in violation of these Terms.
This obligation will not apply to the extent a claim was caused by our own negligence, unlawful conduct or breach of these Terms.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the greatest extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy and other policies posted on the Services, constitute the agreement between you and us regarding your use of the Services.
If there is a conflict between these Terms and a specific store policy, the more specific policy will apply to the relevant matter unless applicable law requires otherwise.

SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, transfer of the store or similar business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW
To the extent permitted by applicable law, these Terms and any separate agreements through which we provide the Services are governed by the laws of the People's Republic of China.
This choice of law does not deprive consumers of mandatory protections that cannot be waived under the applicable laws of their state, province, country or place of residence.
Any dispute relating to these Terms or the Services shall be submitted to a court or other dispute-resolution body with competent jurisdiction.
Before commencing formal proceedings, you are encouraged to contact us at support@xingandxi.com so that we may attempt to resolve the matter directly.

SECTION 23 - HEADINGS
Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page.
We may update these Terms to reflect changes to our Services, business practices, legal obligations or operational requirements.
Where required by applicable law, we will provide notice of material changes. Changes will take effect on the date stated in the updated Terms.
Your continued use of the Services after updated Terms take effect constitutes acceptance of those changes, except where applicable law requires additional consent.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to support@xingandxi.com.

Brand: xing&xi
Legal business name: Shenzhen Zhiyou Technology Co., Ltd.
Email: support@xingandxi.com
Business address: Baoan Taihua Dasha 1-11, Shenzhen, Guangdong 518000, China