Terms & Conditions

TERMS AND CONDITIONS

OVERVIEW

Welcome to Creality!

This website is operated by Creality DTC team. We offer this website, including all information, tools and services available from this site to you, our users, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing products, enjoying services from us, you agree to be bound by the following terms and conditions and those additional terms, conditions and policies referenced herein and/or available by hyperlink at our website (collectively “TERMS AND CONDITIONS”, “Terms”). These TERMS AND CONDITIONS apply to all users of the website.  Please read these TERMS AND CONDITIONS carefully before accessing or using our website. If you do not agree to all the Terms, then you may not access the website or use any services. If these TERMS are considered an offer, acceptance is expressly limited to these TERMS AND CONDITIONS.

 

You can review the most current version of the TERMS AND CONDITIONS at any time on this page. We reserve the right to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and/or changes to our website/application.  You acknowledge and agree that it is your responsibility to review the Terms periodically upon each visit to our website to stay informed of any changes. Your continued use of or access to the website/application following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - IMPORTANT NOTICE

 

Prior to placing an order, you are strongly advised to carefully review the following terms. Your understanding and agreement are essential to ensuring lawful and responsible transactions.

 

1.1 Safety Commitment

Creality places the highest priority on the protection of human life and safety. By proceeding with any purchase, you represent and warrant that the products or services acquired will not be used, directly or indirectly, for any purpose that may endanger the health or safety of individuals. This includes, without limitation, the design, development, manufacture, or distribution of weapons or weapon-related components. You further agree to refrain from any use that may violate applicable safety standards or ethical norms.

 

1.2 Legal and Regulatory Compliance

Creality is committed to operating in full compliance with the applicable laws and regulations of all jurisdictions in which we conduct business, including but not limited to the laws of the countries or regions where our products are manufactured, sold, or used. By using our products or services, you agree to comply with all relevant local, national, and international laws, rules, and regulatory requirements. You are solely responsible for ensuring that your use of our products or services is lawful and does not violate any applicable legal or regulatory provisions.

You must not transmit any digital worms or cycber viruses or any destructive code. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

1.3 Acknowledgment and Acceptance

By placing an order on our website, you acknowledge that you have read, understood, and agreed to be bound by the terms set forth above. Your purchase constitutes a legally binding acceptance of these terms, including your confirmation that the intended use of the products or services complies fully with all applicable laws and regulations.

 

SECTION 2 - Proprietary rights

All content, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material provided by us (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 relevant copyright laws, and Creality owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The logos and other trademarks on this website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Creality and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the owner.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time.

 

SECTION 4- PRODUCTS OR SERVICES

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any detail, color, shape will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction unless it is required under any mandatory rules. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time.

If we reject, limit, or otherwise modify your order, we will attempt to notify you using the contact information you provide to us. If we cancel all or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our policies regarding order, delivery and return.

 

SECTION 5 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools (e.g. payment tools) over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website/application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TERMS AND CONDITIONS.

Should any processing of your personal information occur, please consult our Privacy Policy for details.

 

SECTION 6 - THIRD-PARTY LINKS

 

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TERMS AND CONDITIONS.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website/application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 8 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.  Please refer to our Privacy Policy to learn more.

 

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time unilaterally to the extent permitted by the applicable law.

 

SECTION 10 - PROHIBITED USES

 

You may use this website for your personal, noncommercial use only. While we may sell products for children, these products are intended for purchase by adults. This webiste is not targeted towards, nor intended for use by, anyone under the age of 18 (or other age standard subject to the applicable law).  By using this website for any purpose, you represent and warrant that you satisfy the above age requirements.

In addition to other prohibitions as set forth in the TERMS AND CONDITIONS, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/application, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website/application for violating any of the prohibited uses.

 

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREALITY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR IMPROPER USE OF ANY ANY PRODUCT OR SERVICE PROVIDED BY US, OR FOR ANY INACCURATE INFORMATION GENERATED BY AI AND DISPLAYED ON THE WEBSITE OR SHARED WITH YOU AS PART OF YOUR INTERACTIONS WITH US. 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 OUR WEBSITE OR OUR GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

 

SECTION 12 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TERMS AND CONDITIONS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 13 - SEVERABILITY

 

In the event that any provision of these TERMS AND CONDITIONS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TERMS AND CONDITIONS, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 14 - TERMINATION

 

We may, in our sole discretion, terminate your account or your use of this website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any services at any time without prior notice.

 

SECTION 15-GOVERNING LAW AND DISPUTE RESOLUTION

 

PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.  

ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THIS SECTION OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Mandatory Arbitration of Disputes. Except for Excluded Disputes, as defined below, you and we agree that any dispute, claim or controversy between us, including but not limited to disputes, claims or controversies arising out of or relating to these Terms and this Arbitration Agreement (including the formation, breach, termination, enforcement, interpretation, scope, applicability or validity thereof), the Products, the Services, or the Content (collectively, “Disputes”), whether such Dispute arose before, on, or subsequent to you entering these Terms, shall be exclusively and finally resolved by binding, individual arbitration in accordance with this Arbitration Agreement, and not in a class, representative or consolidated action or proceeding (except for the Mass Filing Procedures as set forth below). To the extent allowed by law, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.  To the fullest extent permissible by applicable law, all Disputes must be filed within one year after such Disputes or cause of action arose or it will be forever barred.  If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.  If you or Creality files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn.

 

Class Action/Jury Waiver.  You and Creality agree that, to the fullest extent permitted by law, each party is waiving their respective rights to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and Creality may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and Creality may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). You and Creality may participate in a class-wide settlement.

 

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: Prior to filing an arbitration, each party will notify the other party in writing of any Disputes (other than an Excluded Dispute in which a party is seeking an injunction or other equitable relief for intellectual property infringement) not less than thirty (30) days from the date they arise, so you and we can attempt in good faith to resolve the Dispute informally. Notice to Creality shall be sent by certified mail addressed to legal@Crealitytravel.com. If you and we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by either of us, then either you or we may, as appropriate and in accordance with the Agreement, commence binding arbitration or, for Excluded Disputes, submit a claim in court.

 

Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you and Creality may elect to resolve a Dispute in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction; and (ii) you and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the actual or threatened infringement or misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other  intellectual property rights (“Excluded Disputes”). In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at cs@creality.com within thirty (30) days following the date you first agree to these Terms (“Opt-Out Period”).  The opt-out notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, agreements by reason of your separate agreement to them, including subsequent agreements to arbitrate. In other words, opting out of this Arbitration Agreement shall have no effect on any other arbitration agreements you entered into with Creality.  If Creality makes any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Creality will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to cs@creality.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from Creality. This is not an opt out of arbitration altogether. Your continued use of the Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

 

Conducting Arbitration and Arbitration Rules. If we cannot resolve the Dispute through the informal dispute resolution procedures above, you and Creality each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.  All Disputes shall be submitted to the Hong Kong International Arbitration Centre (“HKIAC”).  The arbitration shall be administered by HKIAC under its Arbitration Rules as applicable (the “Rules”) then in effect, except as modified by these Terms. The Rules are available at www.hkiac.org. A party who wishes to start arbitration must submit a written Demand for Arbitration to HKIAC and give notice to the other party as specified in the HKIAC Rules. The HKIAC provides a form Demand for Arbitration at www.hkiacorg. The laws of the Peoples Republic of China, without regard to choice or conflict of law principles, shall govern: (i) any issue regarding the interpretation or enforcement of this Arbitration Agreement to which the Rules are found not to apply, and (ii) any other issue in a Dispute arbitrated hereunder.

 

Mass Filing Procedures.  If HKIAC determines that 25 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, HKIAC’s mass arbitration and mediation fee schedule shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) HKIAC shall administer the arbitration demands in batches of at least 25 demands for arbitration of a similar nature, with the discretion to create additional batches if HKIAC finds that they are necessary to facilitate the efficient resolution of demands; (ii) HKIAC shall provide for concurrent resolution of each batch as a single consolidated arbitration; and (iii) following such determination of a mass filing, HKIAC shall apply a single set of administrative fees per batch in accordance with HKIAC’s mass arbitration fee schedule. All parties agree that arbitrations are of a “similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  We reserves all rights and defenses as to each and any Dispute, demand for arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.

 

Authority of Arbitrator. Except as may be limited by the HKIAC these Terms and the applicable HKIAC Rules, the arbitrator will have the exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including awards of attorneys’ fees and costs, in accordance with applicable law. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual (except for the Mass Filing Procedures).

 

Severability and Survival. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid, illegal, void or unenforceable, then that part of these Terms will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining Terms.  This Arbitration Agreement shall survive termination of these Terms. The terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Creality.

 

Confidentiality. The arbitrator, Creality, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

Non-Arbitral Disputes Governing Law & Mandatory Forum Selection.  If (i) you timely provide a valid Opt-Out Notice as provided above, and you are not bound to any previous or other arbitration agreements with us; or (ii) any Dispute is determined not to be subject to arbitration or resolution; or (iii) any court of competent jurisdiction or arbitrator, after exhaustion of all appeals, determines that the Class Action/Jury Trial Waiver, as provided above, is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis other than the Mass Filing Procedures, as provided above; then you and Creality each irrevocably agree that the exclusive jurisdiction and venue with respect to such Dispute shall be the courts of competent jurisdiction, and any such Dispute and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of that jurisdiction, without regard to choice or conflict of law principles.