Terms of Use

1 GENERAL

1.1 Ouku

Welcome to the website of Rapidmotion PTE. LTD. This Terms of Use is a agreement between you and Rapidmotion PTE. LTD, governing your use of our website at Ouku.com (the “Site”).  In addition, when you use any Ouku ’s service (e.g., Customer Reviews), you will be subject to the Terms of Use, rules, guidelines, policies, terms, and conditions, including but not limited to the Privacy Policy, Cookie Notice applicable to this Site, and they are incorporated into this Agreement by this reference. By accessing or using the Sites in any manner, including but not limited to, visiting or browsing this Ouku.com , registering an account, or contributing content or other materials to the Site, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the service of the Site if you agree to abide by all applicable laws and to these Terms. Please read this agreement carefully before proceeding.

Our business changes constantly, and our Term of Use will change also. Thus, Ouku reserves the right to change the terms and conditions of this site at any time. You should check our websites frequently to see recent changes. If we modify material terms to this Agreement, such modification will be effective after we send you a notice of the new agreement. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or any other reasonable manners. Your failure to cease use of the Services after receiving the notification of modification will constitute your acceptance of the modified terms.

1.2 PRIVACY POLICY& COOKIE NOTICE

You may read ou Privacy Policy and Cookie Notice at any time for more information about how Rapidmotion PTE. LTD collects, uses, stores, and protects your information when you use the Services. It is necessary to acquire an email address, residency address, and/or other contacts from you to render you the service. Our Privacy Policy and Cookie Notice is hereby set forth herein.

We reserve the right to modify the Terms of Use, including the Privacy Policy and Cookie Notice, at any time, at our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you a notice of the new agreement. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or any other reasonable manners.

Any questions subject to your Data Privacy or Cybersecurity, please contact us through dataprotectionofficer@Ouku.com or it_security@Ouku.com.

Detailing please see our Privacy Policy and Cookie Notice.

2 USE OF OUR SERVICES

You represent and warrant that you are able to form legally binding contracts (for example you are at least 18 years old or using our service under the supervision of a parent or guardian.). Also, you promise not to use a false Email Address for Registry Account, or pretend to be someone other than yourself, or otherwise put Ouku in a misleading position. Subject to the terms and conditions of this Agreement, Ouku hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use this Site by displaying it on your internet browser only for the purpose of shopping for personal use sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Ouku in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Ouku in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Ouku in advance. Ouku reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including without limitation, if Ouku holds that customers’ conduct violates applicable law, the terms of this agreement or is harmful to Ouku’s interests.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under national law (especially the U.S. and EU law) or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful or intrusive code or properties. Ouku may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Ouku has no obligation to investigate the authorization or source of any such access or use of the Site.

Without Ouku's express prior written consent, the use of data mining, robots, or similar data gathering and extraction tools on Ouku as well as the use of Ouku trademarks or service marks in meta-tags is strictly prohibited. You may view and use the content only for your personal information and for shopping and ordering on the site and for no other purposes. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: dataprotectionofficer@Ouku.com. You can also reach us via phone at 021-68772231 9:30AM-6:30PM Beijing local time, or by mail at: 11 Floor, No.1188 MinSheng Road, Pudong New District, Shanghai KAISA Financial Center, Shanghai, 200135 People’s Republic of China.

, People’s Republic of China.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Ouku of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. This “site” is owned by Rapidmotion PTE. LTD (“Ouku”) [Reg. No. 1141168] registered under Hong Kong SAR laws with registered address at Room 705-706, 7/F., China Insurance Group Building, No. 141 Des Voeux Road Central, Hong Kong.

3 TRADE RULES

3.1 PRICE AND PURCHASE

At Checkout page, you may see the main price, VAT (depending on the destination country or region), insurance (if applicable) and other taxes (where applicable) at the applicable rate according to the local rules and regulations of the countries or regions where the items shipped to. However, in some cases, the VAT (Value Added Tax), other taxes, customs duties and/or fees levied by your destination country shall be assumed by the recipients. More information please find the Frequently Asked Questions.

Please be noted that if you receive any SMS, MMS or emails that remind you having additional fees to be charged, in particular custom clearance fees, we strong advise you contact us for further conformation to circumvent the unnecessary losses by online scam and to duly protect your safety of property.

3.2 PRICING IN DIFFERENT CURRENCIES

Ouku provide you different currency applicable at your convenience for shopping. Except that the market expericnce dramatic fluctuation in currency values, there is almost no error of margin in pricing under normal operation.

3.3 TYPOGRAPHICAL ERRORS

Each item offered for sale on our website has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the website.

While Ouku strives to provide accurate product and pricing information, pricing or typographical errors may occur. Ouku cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Ouku shall have the right to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Ouku may, either contact you for instructions or cancel your order and notify you of such cancellation.

3.4 ORDER ACCEPTANCE

This is offer and acceptance exemplified at Ouku. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You and Ouku are both legally binding since The order come into force at the time of finalizing the purchase.

Please note that there may be certain orders that the Ouku are unable to accept and must cancel, likewise 3.3. TYPOGRAPHICAL ERRORS. Ouku reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. Ouku will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

3.5 PAYMENTS

Also, if you are a registered user, a record of all the orders placed by you is available in the "My Orders" area. You may use, as a payment method, the following cards: Visa, Mastercard, American Express, Union Pay, Paypal, and online banking, etc.

To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. Please noted we Do Not save or retain any information regarding the financial transaction. Your card service provider or financial sponsor will retain such information.

For instance, when you click " Pay Now ", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any transaction or contract with you.

Our related entities will provide payment service categorized by your residency or domicile:

1. If you reside in a country within the European Union, these terms are an agreement between you and OukuNertherlands B.V.  (which is located in Hullenbergweg 278-308, Zuidoost  Amsterdam  1101BV  Netherlands and registration number is 61503363) under Dutch law. Under this agreement, goods and/or services will be delivered through OukuNertherlands B.V. or Rapidmotion PTE. LTD, depending on the type of service used to purchase the goods and/or the payment method.  
2.  If you reside in the United Kingdom, these terms are an agreement between you and Ouku(UK) LIMITED (which is located at 85 Tottenham Court Rd, Fitzrovia, London, United Kingdom, W1T 4T and registration number is 6915037) under laws of England and Wales. Under this agreement, goods and/or services will be delivered through Ouku(UK) LIMITED or Rapidmotion PTE. LTD, depending on the type or service used to purchase the goods and/or the payment method.
3. If you reside in any other country, then these terms are an agreement between you and Rapidmotion PTE. LTDand goods and/or services will be delivered by Rapidmotion PTE. LTD.

3.6 COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

3.7 PACKING

Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by you will be paid for by you.

3.8 SHIPPING & DELIVERY.

Ouku ships from different warehouses in different countries and we will entrust other logistics to carry the goods. For orders with more than one item, we may split your order into several packages according to stock capacity at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have any questions regarding shipping and delivery, please contact us.

3.9 TITILE AND RISK OF LOSS

Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall transfer to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Ouku for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods. Notwithstanding the transfer of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain within Ouku until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Ouku.

In spite of the term set forth, If this article contradicts with the statutory regulation in national or state legislation level, statutes prevail.

3.10 RETURN OF PRODUCTS

Goods can be returned in designated period. The exact return period and return policy differ from country to country. You should be aware that you should return your goods to the warehouse in China. Customers returning goods are responsible for freight charges, otherwise regulated by laws or regulations.

Wrong size items and quality problem items can be changed. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid either to your Ouku Credit Account or to the original method of payment.

The following items cannot be returned or exchanged: Please see the Return Policy of Non-Returnable Items.

For more details please refer to our Return Policy.

3.11 REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Ouku, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Ouku without charge and Ouku shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Ouku and shall not be returned to you.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Ouku assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify Ouku against any losses caused due to  your misbehavior regarding the commentaries and remarks for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Ouku the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by Ouku will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Ouku or third parties to obtain unjust enrichment. Ouku may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

4 INTELLECTUAL PROPERTY

All information and content related to items on the website of Ouku including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us from the information obtained from suppliers’ or third parties’ sources and the items or the related information are not owned, manufactured, sold or endorsed by Ouku.com. For the reason of the technical limitations, Ouku cannot make a full warrant that the said information is accurate, complete, reliable, current, or error-free.

The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Ouku. You may not use Ouku's content or Compilation in any manner that disparages or discredits Ouku or in any way that is likely to cause confusion or violation of any applicable laws or regulations. The software used or applied on this Site (the "Software") is the property of Ouku and/or its Software suppliers. The content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Ouku. Any site content can only be reproduced or distributed with express permission from Ouku. Violators will be prosecuted to the full extent of the law.

4.1 INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Ouku respects intellectual property，including but not limited to copyright, trademark, patent, design and business confidentiality. If you believe that the supplier on our website is selling material that infringes the intellectual property rights of holders, you are welcome to assert your rights and/or file a complaint in accordance with the below agent.

It is the policy of Ouku to take appropriate action where necessary to uphold and recognize all relevant State, Federal and EU laws, international laws in connection with material that is claimed to be infringing any trademark, copyright, design, patent and all or any other Intellectual Property laws.

4.1.1 SALE OF UNAUTHORIZED GOODS

If you are an intellectual property rights owner and you believe that any goods and/or services for sale, or makes it available that infringe your intellectual property rights provided by our supplier on Ouku , then you may send the following information in its entirety to our ipip@Ouku.com.Information required:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;

1. A description of the allegedly infringing work or materialand where the allegedly infringing material is located on the site (product(s) URL);

1. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;

1. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;

1. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc，In the case of copyright infringement, please provide the copyright registration number or a link to the platform where it was first published, the URL of the infringing work/image and/or other information proving that you are the copyright owner or authorized to use it); and

1. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

4.1.2 COPYRIGHT INFRINGEMENT

If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Ouku.com’s Copyright Agent who is listed below and named pursuant to the Digital Millenium Copyright Act, 17 U.S.C. § 512(c)(2):

1. The Full Legal Name and physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your mailing address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copy.

*（This Email Address is for IP Infringement. The customer complaints, please contact our CS Team）

5 LINKS

Our Site and Apps may contain links to other sites on the Internet that are not owned and operated by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you read all third-party terms and conditions and privacy policies.

6 TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, Ouku may, prior to 2-day notice to you before terminate the Agreement or revoke any or all of your rights, benefits or any other interests granted under this Agreement at the time of breach of this Agreement, Privacy Policy. At the request of deleting account or revoking consent on essential services provided, Ouku may terminate this Agreement as well as revoke any rights, benefits or any other interests thereof without prior notice. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and Ouku shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. However, in practice, the products before proceeding to place an order shall be halted because of the unnecessary and complicated refund and return procedures.

7 DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE THEREON AND THE TRANSACTIONS CONDUCTED THERETHROUGH ARE ON AN “AS IS” BASIS. Ouku MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ouku DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Ouku DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OukuWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ouku’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU THROUGH Ouku DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Ouku’S LIABILITY.

8 FORCE MAJEURE

Ouku shall not be liable to you or be deemed to be in breach of agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, services and/or Site if the delay or failure was caused by any factor beyond our reasonable control, including but not limited to: fire, act of God, storm, explosion, earthquake, flood, tempest, accident, pandemic or other natural disaster; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs, blockdown or other industrial actions or trade disputes; difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned

9 DISPUTE RESOLUTION

Where the disputes arising from this Agreement fail to be settled within 30 days after the occurrence , the disputed parties agree to submit such disputes to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration under the CIETAC's arbitration rules in force when the application is submitted. The law of this arbitration clause shall be the laws of the People‘s Republican Of China . The seat of arbitration shall be Shanghai. The arbitration proceedings shall be conducted in English. The arbitral awards are final and binding upon both parties.

10 APLLICABLE LAWS

This Agreement shall be governed by and construed under the laws of the People’s Republic of China (“P.R.C.”) without regard to conflict of law provisions.

11 REMEDIES

You agree to provide that Ouku's remedy at law for any actual or threatened breach of this Agreement would be inadequate, the Ouku shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Ouku may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including without limitation to operating losses, attorneys' fees.

No right or remedy of Ouku shall be exclusive of any other, whether at law or in equity, including without limitation, damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Ouku of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waivers.

12 CUSTOMER SERVICE

For questions of pricing, orders, shipping, after-sales support, or any other questions, please log into My Orders and submit a Ticket about the order you need help with.

From the detailed order page, you can easily review order details, track order progress, and request help by submitting a Customer Service ticket.

Our Customer Service is readily to help you at our best efforts. If you have any problem or questions, please contact us via Service@Ouku.com.