Terms and Conditions
THESE TERMS AND CONDITIONS SHALL APPLY TO GROUP BUY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY (PARTICULARLY CLAUSE 9 BELOW) BEFORE SUBMITTING ANY ORDER FOR GROUP BUYING. BY SUBMITTING YOUR ORDER FOR GROUP BUY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
Any eligible sellers on the BLACKBUNNY International Website (“com”) participating in Group Buy (“Participating Sellers”) will make available certain products (“Participating Products”) and specify (a) the MOQ and (b) the TOQ. “MOQ” shall refer to the minimum order quantity for any Participating Product in any single Group Buy order (“Group Buy Order”) placed by any buyer. “TOQ” shall refer to (a) the minimum total order quantity to be received from one or more Group Buy Orders at the end of the Available Period (as defined below) set by a Participating Seller as its pre-condition to fulfill the Group Buy Orders and (b) the total order quantity required to be met by one (1) or more buyer(s) in aggregate in any one (1) or more Group Buy Order(s), that are applicable to each of the Participating Products.
All Participating Products are available for a prescribed period as indicated on the relevant webpage (“Available Period”) to accept orders from interested buyers.
Any buyer on theeblackbaunny.com may purchase any Participating Products for any quantity not less than the MOQ by placing a Group Buy Order prior to the end of the Available Period. Such buyer will be required to settle the relevant payment (“Payment”) within the Available Period in order to complete its Group Buy Order. Any incomplete Group Buy Order will not be valid, and the relevant quantity of the Participating Product placed thereunder will not be taken into account in determining the Condition for Fulfilment (as defined below).
All Participating Sellers shall be obliged to fulfill the Group Buy Order(s) placed by one or more buyer(s) provided that the aggregate number of the relevant Participating Product thereunder at the end of the Available Period shall have achieved the relevant TOQ (“Condition for Fulfilment”). For the avoidance of doubt, a TOQ is deemed to have been achieved if the aggregate number of the relevant Participating Product at the end of the Available Period shall be equal to or exceeds the number of the TOQ.
Unless otherwise determined by BLACKBUNNY, the basis for determining whether the Condition for Fulfilment for any Participating Product has been achieved shall be based on the total number of the relevant Participating Product ordered by buyer(s) (by placing valid Group Buy Order(s)) as shown on the webpage of Group Buy at the end of the Available Period.
For the avoidance of uncertainty, unless otherwise determined by any Participating Seller, the Participating Seller is not obliged to fulfill any Group Buy Order(s) for any Participating Product if, at the end of the Available Period, the Condition for Fulfilment has not been achieved. Accordingly, the Participating Seller shall have the right to cancel any Group Buy Order(s) after that and proceed to refund the buyer(s) any money that it may have received from that place.
Based on the above, every buyer acknowledges and agrees that any Group Buy Orders placed thereby will not be absolutely binding on the relevant Participating Seller until and unless it is confirmed that, at the end of the Available Period, the Condition for Fulfilment has been achieved.
In the event that the Condition for Fulfilment for any Participating Product is determined to have been achieved, the Participating Seller shall proceed to perform each of the relevant Group Buy Order(s) in accordance with any agreement(s) entered into between the Participating Seller and each of the respective buyer(s).
Whereas, in the event that the Condition for Fulfilment for any Participating Product is determined to have not been achieved, any Group Buy Order placed in relation to it will be canceled in accordance with Clause 6 above. The relevant buyer(s) will be entitled to a refund of the Payment (“Refund”). For the avoidance of uncertainty, notwithstanding anything to the contrary, every buyer at this moment acknowledges and agrees that it shall solely bear any costs, expenses, fees and any taxes which may be incurred when making the Payment (including but not limited to any payment transaction fee) and in the course of the Refund to the buyer.
In the event that Group Buy is ceased or suspended by any relevant authority or due to a serious network attack or system fault, it may no longer be available. Such a situation shall constitute a force majeure event. Neither BLACKBUNNY nor any Participating Seller shall be liable for any compensations or claims that arise in connection in addition to that.
In the event that there is any dispute, the time and validity of any transactions hereunder shall be determined by BLACKBUNNY at its sole discretion based on its records. If there is any discrepancy between the record of transaction held by any buyer and that held by BLACKBUNNY, BLACKBUNNY’s record shall be conclusive and binding.
BLACKBUNNY reserves the right to modify these Terms and Conditions as well as to vary or dismiss Group Buy (any part thereof) without prior notice. In the event of disputes, the conclusion of BLACKBUNNY shall be final and binding.
Notwithstanding anything to the contrary in these Terms and Conditions, BLACKBUNNY reserves the right and absolute discretion to disqualify, cancel or revoke the right of any buyer to use Group Buy without any liability upon its discovery of any involvement of dishonest, malicious, fraudulent, unlawful and inappropriate acts, or, of violation of these Terms and Conditions, by the buyer. BLACKBUNNY reserves the right to take legal action as it may deem necessary.
Use of Group Buy is also bound by and subject to the general user agreements and rules of BLACKBUNNY (including but not limited to the Terms of Use and Transaction Services Agreement). In the event that any of these Terms and Conditions conflicts with rules and any such related information displayed elsewhere on BLACKBUNNY, the terms hereof shall prevail.
Any Trade Assurance orders placed by buyers will automatically be assigned with a default Incoterms. At the same time, any Trade Assurance orders placed by sellers shall be subject to the shipping method and Incoterms that are mutually agreed between the seller and buyer.
Depending on the local tax and customs policies of the destination country where you are located, you may be required to pay customs duties, taxes, and other applicable costs and fees that may be imposed.
DISCLAIMER: TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IN NO EVENT WILL BLACKBUNNY BE LIABLE FOR ANY DIRECT, INDIRECT, EXCLUSIVE, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL INDEMNITIES (COUNTING LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF PROFITS) OCCURRING OUT OF OR IN LINK WITH THE BUYER’S USE OF GROUP BUY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM GROUNDED UPON CONTRACT, WARRANTY, TORT (COMPRISING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT BLACKBUNNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Each buyer at this moment acknowledges and agrees that BLACKBUNNY and any of its affiliates shall not be accountable, and shall have no liability to it or anyone else for any disagreement or claim that arises out of the buyer’s use of Group Buy.
These Terms and Conditions are governed, interpreted and enforced by the laws of Florida, without regard to its conflict of laws principles. Any legal actions, assertions, or proceedings arising out of or in link herewith shall be brought in a court of competent jurisdiction in Florida.
In case of any inconsistency in the content among the English and other non-English language types of these Terms and Conditions (if any), the English version shall prevail.