Terms Of Service
ICARUS TECH TRADING CO., LTD
EU Apparel Product Service Terms and Conditions
These Terms of Service (hereinafter referred to as "these Terms") are formulated by ICARUS TECH TRADING CO., LTD (hereinafter referred to as "we", company website: icarustechco.com, contact email: partner@icarustechco.com) and apply to the apparel product-related services we provide to clients in EU member states and the European Economic Area (EEA) (including the 27 EU member states, Iceland, Liechtenstein, Norway, etc.), including but not limited to product supply, after-sales service, and compliance consulting. All EU clients (hereinafter referred to as "clients") who establish cooperation with us are deemed to have fully read, understood, and agreed to all contents of these Terms upon confirming an order or accepting our services. If the client is a corporate entity, the authorized person representing it to sign these Terms has been fully authorized.
I. Service Content and Scope
1.1 Core Services: We provide clients with supply services for various apparel products (including ready-to-wear garments and accessories), including the production and delivery of products that meet EU compliance requirements according to agreed standards, and the provision of necessary product information (such as test reports, compliance declarations, etc.).
1.2 Value-Added Services: Based on customer needs, we can provide EU compliance consulting services (such as REACH standards and product labeling specification interpretation) and logistics and transportation assistance services (specific details are subject to mutual agreement and the EU Transport Terms).
1.3 Service Limitations: Our services do not include product sales license applications within the EU, after-sales service for end customers (unless otherwise agreed), or compliance rectification services due to customer-caused issues.
II. Product and Service Compliance Commitment
2.1 Product Safety Compliance: We commit that all clothing products supplied to the EU comply with the EU General Manufacturing Safety Directive (GPSD 2001/95/EC) and related specific standards. Children's clothing strictly adheres to special requirements such as drawstring safety and prohibited substances. Protective clothing (if applicable) will bear the CE mark as required and comply with relevant PPE standards.
2.2 Chemical Substance Compliance: Products fully comply with EU REACH regulations, strictly limiting the use of restricted chemicals such as azo dyes, nickel, and hexavalent chromium. Upon customer request, we can provide test reports and compliance declarations issued by third-party testing institutions (with ISO/IEC 17025 certification). Fabrics and accessories are preferentially sourced from suppliers meeting ZDHC (Zero Discharge of Hazardous Chemicals) requirements.
2.3 Labeling and Marking Compliance: Each product is clearly labeled with fabric composition, size, washing instructions, etc., in accordance with EU Regulation 1007/2011, ensuring that the labeling is truthful, accurate, and legible. We do not use endangered wild animal or plant materials. If a product contains special materials, we will provide proof of compliance with the CITES Convention and EU Regulation EC 338/97.
2.4 Digital Service Compliance: When providing services through online channels (such as order confirmation and data transmission), we will comply with the EU Digital Services Act, protecting customer data security, refraining from pushing advertisements based on sensitive customer data, and promptly handling customer complaints and feedback regarding service content.
III. Customer Rights and Obligations
3.1 Customer Rights: Customers have the right to request products and services that comply with these terms and the order agreement; the right to verify product compliance documents and test reports; and the right to raise objections and reasonable requests regarding any issues encountered during the service process via the designated email address (partner@icarustechco.com).
3.2 Customer Obligations: Customers shall provide accurate and timely information required for the order (such as shipping address, EORI number, etc.); if customers provide design solutions, they must ensure that they do not infringe upon the intellectual property rights of any third party, otherwise they shall bear all responsibilities arising therefrom (including any losses suffered by us as a result); and they shall cooperate with us in completing the relevant procedures required for EU customs clearance and pay the order amount and related taxes in a timely manner.
3.3 Special Provisions Regarding Consumer Rights: If the customer is an end consumer in the EU, they enjoy the rights stipulated in the EU Consumer Protection Directive, including the right to return goods without reason within 14 days of receipt, provided that the product is intact, unused, and in its original packaging upon return.
IV. After-Sales Service and Complaint Handling
4.1 Scope of After-Sales Service: For product quality issues arising under normal use (not due to improper customer use or human-caused damage), we will provide free repair or replacement services. If repair or replacement is not possible, the customer may choose to return the product.
4.2 Processing Procedure: When submitting an after-sales request, customers must provide the order number, product photos, a description of the problem, and other relevant supporting documentation, and submit the application via our official email address. We will verify the situation within 5 business days of receiving the application and propose a solution. Once the customer agrees to the solution, we will complete the after-sales processing (repair, replacement, or refund) within 10 business days.
4.3 Complaint Handling: If a customer is dissatisfied with the service or after-sales outcome, they may submit a written complaint. We will assign a dedicated person to handle the matter and respond within 3 business days, providing a final resolution within 15 business days. If both parties cannot reach an agreement, the customer may apply for mediation with the local consumer protection agency or digital service coordinator in the EU.
V. Intellectual Property and Confidentiality Clauses
5.1 Intellectual Property: We retain the intellectual property rights related to product design, production technology, etc. The client shall not reproduce, disseminate, or use these materials for commercial purposes other than those agreed upon by both parties without authorization. The intellectual property rights of the design schemes and related materials provided by the client belong to the client; we will only use them for the production of this order and shall not disclose or reuse them without authorization.
5.2 Confidentiality Obligation: Both parties shall be responsible for maintaining the confidentiality of each other's trade secrets (such as pricing systems, customer information, technical data, order data, etc.) learned during the cooperation process. Without the other party's written consent, neither party shall disclose such information to any third party. This confidentiality obligation shall remain in effect for three years after the termination of the cooperation.
VI. Liability for Breach of Contract
6.1 Our Breach of Contract: If the products provided by us do not meet compliance requirements or quality standards, we shall replace them with qualified products free of charge and bear the additional transportation costs incurred. If we fail to deliver products or provide services within the agreed time, we shall pay a penalty of 0.5% of the total order amount for each working day of delay, with the total penalty not exceeding 10% of the total order amount. If the client suffers third-party claims (such as intellectual property infringement or compliance penalties) due to our reasons, we shall bear full liability for compensation.
6.2 Customer Default: If the customer fails to make payment as agreed, a penalty of 0.5% of the unpaid amount will be charged for each business day of delay. Any service delays or additional costs caused by incorrect information provided by the customer, design infringement, or failure to cooperate with customs clearance will be borne by the customer. If the customer refuses to accept the goods without a justifiable reason, a penalty of 10% of the total order amount plus return transportation costs will be charged.
VII. Force Majeure and Limitation of Liability
7.1 Force Majeure: In the event of force majeure events such as natural disasters, war, strikes, sudden changes in EU policy, or customs inspection delays that prevent the fulfillment of obligations under these terms, neither party shall be liable for breach of contract, but both parties should promptly notify the other party and provide relevant proof, while simultaneously negotiating a subsequent solution.
7.2 Limitation of Liability: Our liability for compensation to the customer is limited to direct losses from the order and does not cover indirect losses (such as lost profits, loss of commercial reputation, or losses due to work stoppage). Unless there is intentional or gross negligence, our single compensation amount shall not exceed the total order amount.
VIII. Applicable Law and Dispute Resolution
8.1 Applicable Law: The signing, validity, interpretation, and performance of these Terms and Conditions shall be governed by the relevant laws and regulations of the People's Republic of China and the current and effective service, trade, and consumer protection regulations of the European Union.
8.2 Dispute Resolution: Any dispute arising from these Terms and Conditions shall first be resolved through friendly consultation. If consultation fails, either party may file a lawsuit with the People's Court with jurisdiction in the location of our company, or apply for mediation with the relevant dispute resolution institution of the European Union (the client may choose either option).
IX. Other Terms and Conditions
9.1 For matters not covered in these Terms and Conditions, the parties may enter into a supplementary agreement, which shall have the same legal effect as these Terms and Conditions.
9.2 We have the right to revise these Terms and Conditions in accordance with updates to EU regulations, market changes, etc. The revised terms and conditions will be published on the company's official website (icarustechco.com). New orders after publication will automatically be subject to the revised terms and conditions, while existing orders will continue to be executed according to the original terms and conditions.
9.3 These Terms and Conditions shall take effect from the date the client confirms the order and shall remain valid until both parties have completed all services and settled all related responsibilities.