TERMS
&
CONDITIONS

TERMS
&
CONDITIONS

Welcome to Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited The kollecktiv.com website is the “Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited” property and venture. By using any Kollecktiv product and its related services, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to Kollecktiv My Accounts. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “Kollecktiv.”, www.kollecktiv.com, Kollectiv Warehouses, and Kollecktiv stores. We may make changes to any Kollecktiv Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited products and services.

Use of the Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited products and services

You may use the Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited products and services for your personal, noncommercial use only. You may not use any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited products and services if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited products only with the involvement of a parent or guardian.

Privacy

Your use of kollecktiv.com is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Information on Our Site

We try to be as accurate as possible with the information we present on the Kollecktiv website. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product description or other content is accurate, complete, or error-free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalogue may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Paying for Your Order

Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For special delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may affect your available credit line. If a preauthorization of a pre-order expires before fulfilment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date. 

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the cancelled portion of the order.

Kollecktiv My Account

When you create an account on our website kollecktiv.com, we will automatically enrol you in the Kollecktiv Customers List. 

Proprietary Rights

All content included on or comprising the kollecktiv.com, including information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under the U.S. and international copyright laws, and Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. 

User-Generated Content: Reviews, Comments, Communications, and Other Content

You may interact with Kollecktiv in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Kollecktiv a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Kollecktiv to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content with us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libellous, hateful, racist, biased, threatening, or harassing.

Disclaimers and Limitation of Liability

KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED PROVIDES KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE KOLLECKTIV WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH KOLLECKTIV WEBSITE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED PRODUCT OR SERVICE PURCHASED THROUGH KOLLECKTIV WEBSITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH KOLLECKTIV WEBSITE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited products only for lawful purposes. Activities including, but not limited to, tampering with any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited Product, or conducting fraudulent activities, on the Kollecktiv website are prohibited.

You may not violate or attempt to violate the security of the Kollecktiv Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited Property for unintended purposes or trying to change the behavior of any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to Kollecktiv website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited (impersonating Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited) or to any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited Property (impersonating as a legitimate user). You may not send any unsolicited or unauthorized email on behalf of Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software, or routine or data to interfere or attempt to interfere with the proper working of any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited Property. You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited Property other than the search engine and generally publicly available browsers.

Dispute Resolution by Binding Individual Arbitration

ANY DISPUTE INVOLVING YOU AND KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.

“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited and its subsidiaries, affiliates, and designees — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes (1) Kollecktiv My Account; (2) use of Kollecktiv’s website; (4) any service terms and conditions; and/or (5) any products or services offered, sold, or distributed by Kollecktiv including, but not limited to, the advertising of or the sales practices for such products and services. The dispute shall also include all disputes that arose before you registering to Kollecktiv My Account and after the deletion or termination of the Kollecktiv My Account, including any claims that are the subject of a purported class action litigation.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand on our registered agent as well. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, however, we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limite for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person where you live or at another mutually agreed upon location.

YOU AND KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Kollecktiv X Guangzhou Accurates Opto-Electronic Co., Limited agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall stay pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, kollecktiv.com. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEW JERSEY), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST KOLLECKTIV X GUANGZHOU ACCURATES OPTO-ELECTRONIC CO., LIMITED.