Effective Date: November 22, 2024

Welcome to fogliame.com (hereinafter referred to as “this Website”), operated by fogliame (hereinafter referred to as “we”, “us”, or “our”). These Terms & Conditions (hereinafter referred to as “these Terms”) constitute a legally binding agreement between you (hereinafter referred to as “you” or “User”) and us regarding your access to and use of this Website, as well as the purchase of products (including seeds, live plants, and gardening tools) and services provided through this Website. By accessing, browsing, registering an account on, or using any services of this Website, you acknowledge that you have read, understood, and fully agreed to be bound by these Terms. If you do not agree to any part of these Terms, please immediately cease accessing or using this Website and its related services. For questions about these Terms, please contact our customer service via hello@xinghuos.com.

1. Acceptance of Terms

1.1 These Terms apply to all Users who access, browse, or use this Website, including but not limited to registered users and non-registered users. Non-registered users shall also be bound by these Terms when using the services of this Website (such as browsing product information, submitting orders).

1.2 We reserve the right to revise, update, or modify these Terms from time to time in accordance with changes in laws and regulations, business development, and operational needs. The revised Terms will be published on the prominent position of this Website (such as the bottom of the homepage) and marked with the new effective date. If the revision involves major changes (such as adjustments to the User’s core rights and obligations, changes to transaction rules), we will notify you through email, SMS, or pop-up window on the Website. Your continued access to or use of this Website after the revised Terms take effect shall be deemed as your acceptance of the revised Terms. If you do not accept the revised Terms, please stop using the services of this Website immediately.

2. User Account

2.1 Account Registration

2.1.1 To use specific services of this Website (such as placing orders, tracking logistics, and enjoying after-sales services), you need to register an account by providing true, accurate, and complete personal information (including but not limited to mobile phone number, email address) and setting a secure password. You confirm that the personal information provided at the time of registration is authentic and legal, and you will promptly update the relevant information when it changes to ensure its validity.

2.1.2 You acknowledge that the account name, mobile phone number, or email address you register is unique to your identity on this Website, and you shall be responsible for all activities and consequences conducted through your account. You shall properly keep your account credentials (such as password, verification code) and shall not disclose them to any third party. If you find any unauthorized use of your account or other security risks, you shall immediately notify us through customer service, and we will assist you in taking corresponding measures (such as freezing the account). The User shall bear the losses caused by failure to properly keep the account, intentional or negligent disclosure of account information, or use of the account by a third party due to other reasons not attributable to us.

2.2 Account Use and Management

2.2.1 You shall use your account in compliance with laws, regulations, and these Terms, and shall not use the account to engage in any illegal or improper activities, including but not limited to: (1) Using the account to publish or disseminate illegal, vulgar, defamatory, or infringing information; (2) Using the account to conduct fraud, money laundering, or other illegal transactions; (3) Stealing, hijacking, or maliciously using other Users’ accounts; (4) Using the account to disrupt the normal operation of this Website or interfere with other Users’ use of services.

2.2.2 We have the right to review the use of your account. If we find that your account violates these Terms or relevant laws and regulations, we may, depending on the severity of the circumstances, take measures such as warning, restricting account functions, freezing the account, or terminating the account service, and reserve the right to pursue your legal responsibilities.

2.2.3 You may apply to cancel your account through the account settings or customer service channels. After the account is canceled, all data and information related to the account (except for the information that needs to be retained in accordance with laws and regulations or the Privacy Policy) will be deleted or anonymized. Please note that account cancellation is irreversible, and you will no longer be able to use the account to enjoy the services of this Website, and the relevant rights and interests (such as unused coupons, membership benefits) in the account will be terminated accordingly.

3. Product Information and Description

3.1 We strive to ensure that the product information (including but not limited to product names, specifications, prices, descriptions, pictures) displayed on this Website is true, accurate, and complete. However, due to factors such as technical limitations, product updates, or manual operations, there may be slight inconsistencies between the displayed information and the actual product. We reserve the right to correct such inconsistencies, and if there is a material error in the product information that affects your transaction decision, we will notify you in a timely manner and provide you with options such as canceling the order or adjusting the transaction price.

3.2 For live plants, due to their natural growth characteristics, there may be differences in size, shape, color, and growth state between the actual product and the picture. Such differences do not constitute product quality problems unless they are inconsistent with the core description of the product (such as variety errors). For seeds, the germination rate is affected by factors such as storage conditions, sowing environment, and operation methods. We only guarantee that the seeds are within the validity period and conform to the variety description, and do not make absolute commitments to the germination rate.

3.3 The prices of products on this Website are subject to change without prior notice. The price at the time of your order submission shall be the transaction price, but if the price is adjusted due to force majeure, policy changes, or supplier price adjustments, we will negotiate with you to handle the order.

4. Orders and Transactions

4.1 Order Submission

When you submit an order on this Website, you shall carefully check the order information (including product type, quantity, price, consignee information, payment method, etc.) and confirm that it is accurate. The submission of an order by you constitutes an offer to us for the purchase of the corresponding product. We have the right to review the order, and the order shall be deemed to be established only after we send an order confirmation notice to you (via email, SMS, or in-account message). We reserve the right to reject your order in the following cases: (1) The product is out of stock or the product information is wrong; (2) The consignee information is incomplete or invalid; (3) We have reason to believe that the order is malicious, fraudulent, or violates these Terms; (4) Other circumstances that make it impossible to fulfill the order.

4.2 Payment

You shall pay the order amount in full in accordance with the payment method and time limit specified in the order. The payment channels provided on this Website are operated by third-party payment institutions, and you shall abide by the relevant rules of the payment institutions. We will not store your complete payment account information, and the security of payment information shall be guaranteed by the payment institution. If you fail to pay within the specified time limit, the order will be automatically canceled unless otherwise agreed by both parties.

4.3 Order Cancellation and Modification

4.3.1 Before the order is confirmed by us, you may cancel or modify the order through the “My Orders” page or by contacting customer service. After the order is confirmed, if you need to cancel or modify the order, you shall contact customer service as soon as possible. If the product has not been shipped, we will handle it according to your request; if the product has been shipped, you need to follow the provisions of the Returns Policy to handle the return after receiving the goods.

4.3.2 We may cancel the order and notify you in a timely manner if: (1) The product is out of stock due to unexpected circumstances; (2) The product has quality problems and cannot be delivered normally; (3) The order information is wrong or inconsistent due to force majeure or other unforeseen reasons. In such cases, we will refund the payment you have made in full to your original payment account.

4.4 Delivery and Receipt

4.4.1 We will arrange the delivery of the product to the consignee address specified in your order within the agreed time (the estimated delivery time is displayed on the product details page). The actual delivery time may be delayed due to factors such as logistics conditions, weather, and holidays, and we will notify you of the delay in a timely manner.

4.4.2 You or the consignee shall inspect the outer packaging of the goods upon receipt. If the outer packaging is damaged, leaked, or the number of packages is inconsistent, you shall sign for it with remarks and take photos as evidence, and notify us within 24 hours. For live plants and seeds, you shall inspect the product quality immediately upon receipt and handle it in accordance with the Returns Policy if there is any problem.

4.4.3 The risk of damage or loss of the product shall be transferred to you when the product is signed for by you or the consignee. If the product is lost or damaged during transportation before signing, we will be responsible for coordinating with the logistics provider to solve the problem and provide you with compensation or re-delivery services.

5. Intellectual Property Rights

5.1 All intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets) of the content and materials on this Website (such as text, pictures, logos, software, product designs, and service marks) belong to us or the relevant right holders. Without the prior written permission of us or the relevant right holders, you shall not copy, reproduce, distribute, modify, transmit, display, perform, or use the above content in any way for commercial or non-commercial purposes, otherwise, you shall bear the corresponding legal responsibilities.

5.2 The trademarks “fogliame” and other trademarks used on this Website are registered or unregistered trademarks of us. Without our written permission, you shall not use the above trademarks in any way that may cause confusion to the public.

5.3 If you submit, publish, or upload content (such as product reviews, planting experiences) on this Website, you confirm that you have the legal right to dispose of the intellectual property rights of the content, and you grant us a non-exclusive, worldwide, perpetual, and free license to use, reproduce, modify, adapt, publish, and distribute the content for the purpose of operating this Website and providing services. You shall ensure that the content you submit does not infringe the intellectual property rights, reputation rights, or other legitimate rights and interests of any third party, otherwise, you shall bear full responsibility for the losses caused to us or third parties.

6. User Conduct Norms

When using the services of this Website, you shall abide by the following norms, and shall not engage in any behavior that violates laws, regulations, public morality, or these Terms:

Do not publish, transmit, or store any illegal, vulgar, violent, terrorist, defamatory, slanderous, or infringing information;
Do not use technical means to crawl, scrape, or attack the data and systems of this Website, or disrupt the normal operation of this Website;
Do not forge or falsify transaction information, use counterfeit payment vouchers, or engage in fraudulent transactions;
Do not resell the products purchased on this Website for commercial purposes without our permission;
Do not use the services of this Website to engage in other activities that violate laws, regulations, or harm the legitimate rights and interests of us or other Users.

If we find that you violate the above norms, we have the right to take measures such as deleting the relevant content, restricting account functions, freezing the account, or terminating the service, and may report to the relevant regulatory authorities. You shall bear the losses caused to us or third parties due to your violation of the above norms.

7. Limitation of Liability and Disclaimer

7.1 Limitation of Liability

7.1.1 We shall only be liable for direct losses caused by our intentional or gross negligence in providing services. Under no circumstances shall we be liable for indirect losses, consequential losses, incidental losses, or punitive damages (including but not limited to loss of profits, loss of business opportunities, loss of data) caused by your use of the services of this Website, unless otherwise stipulated by laws and regulations.

7.1.2 The maximum amount of our liability for any single transaction dispute shall not exceed the total amount of the transaction corresponding to the dispute.

7.2 Disclaimer

We shall not be liable for the following circumstances:

Losses caused by force majeure (such as natural disasters, wars, public health events, network failures, government actions, etc.);
Losses caused by the failure of your equipment (such as computers, mobile phones) or network to access or use the services normally;
Losses caused by your failure to use the services in accordance with the prompts and rules of this Website;
Losses caused by the behavior of third parties (such as logistics providers, payment institutions, or other Users);
Differences in the quality or effect of products caused by factors beyond our control (such as the growth environment of live plants, the sowing technology of seeds, etc.);
Other losses not caused by our fault.

This Website may contain links to third-party websites or services. We only provide such links for your convenience, and do not endorse or guarantee the authenticity, legality, or security of the content and services of third-party websites. You shall bear the risks of accessing or using third-party websites or services on your own.

8. Termination of Services

8.1 We may terminate the provision of all or part of the services to you in the following cases: (1) You violate these Terms and fail to correct it within the time limit required by us; (2) You submit false information during account registration, which seriously affects the transaction security; (3) Your account is in a frozen state for more than 180 days; (4) We terminate the operation of this Website or the corresponding service due to business adjustment or other reasons. In case of the fourth circumstance, we will notify you in advance through the contact information you left, and handle the remaining matters (such as refund of unconsumed balances) properly.

8.2 After the termination of the service, the clauses of these Terms that should continue to be effective (such as intellectual property rights, liability for breach of contract, dispute resolution, etc.) shall still be binding on both parties.

9. Governing Law and Dispute Resolution

9.1 These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, excluding the conflict of laws rules.

9.2 Any dispute arising from or in connection with these Terms or your use of the services of this Website shall first be resolved through friendly negotiation between you and us. If the negotiation fails, either party may file a lawsuit with the people’s court having jurisdiction over the place where our business premises are located.

10. Miscellaneous

10.1 If any clause of these Terms is deemed invalid, illegal, or unenforceable by a court or other competent authority, the validity, legality, and enforceability of the other clauses shall not be affected in any way, and the invalid clause shall be replaced by a valid clause that best reflects the original intent of the parties.

10.2 Our failure to exercise or delay in exercising any right under these Terms shall not constitute a waiver of that right, and the exercise of any right shall not affect the exercise of other rights.

10.3 The headings of the clauses in these Terms are for convenience of reading only and do not affect the interpretation of the content of the clauses.

11. Contact Information

If you have any questions, suggestions, or complaints about these Terms or the services of this Website, please contact us through the following channels:

Website Address: fogliame.com
Customer Service Email: hello@xinghuos.com
Service Hours: Monday to Sunday 9:00-18:00 (excluding statutory holidays)

We will reply to your inquiry within 3 working days and actively assist you in solving the problem.