1. Acceptance of Terms
By accessing xmasgifts.net, requesting a quote, or placing an order with Lion Promotional Gift Co., Limited ("XmasGifts", "we", "us"), you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our services.
These terms apply to all B2B wholesale transactions for custom Christmas gifts, holiday merchandise, and related products supplied by XmasGifts.
2. Products & Pricing
- All prices are quoted in USD unless otherwise specified. Prices exclude shipping, customs duties, taxes, and import fees payable by the buyer.
- Prices are valid for 30 days from the date of quotation unless otherwise agreed in writing.
- Minimum Order Quantity (MOQ): Varies by product, typically 50–500 pieces per SKU. MOQ is specified on each quotation.
- We reserve the right to adjust pricing due to significant changes in raw material costs, exchange rates, or government policies. Any adjustment will be communicated before production begins.
- Product specifications (dimensions, materials, colors, packaging) are as described in the confirmed Proforma Invoice (PI). Minor variations within industry tolerance (±3–5%) are considered acceptable.
3. Ordering Process
- Inquiry: Submit your requirements via our contact form, email ([email protected]), or WhatsApp. Include product details, quantity, target delivery date, and any customization needs.
- Quotation: We provide a detailed quotation within 1–3 business days, including product photos, specs, pricing, lead time, and payment terms.
- Sample: Pre-production samples are available at cost. Sample fee is refundable if the mass order meets minimum quantity.
- Confirmation: Orders are confirmed upon receipt of a signed Proforma Invoice (PI) and deposit payment.
4. Payment Terms
- New customers: 30% deposit via T/T (bank transfer), 70% balance before shipment. Photos of finished goods provided for approval before balance payment.
- Established customers: Negotiable payment terms available based on order history and credit assessment (typically 30% / 70% or L/C for large orders).
- We accept T/T (bank wire transfer). PayPal or Western Union may be accepted for small sample orders (under $500) with applicable fees borne by the buyer.
- All banking charges (intermediary bank fees, etc.) are the responsibility of the payer unless otherwise agreed.
- Standard orders: 15–25 business days after sample approval and deposit receipt, depending on product complexity and order quantity.
- Rush orders: Available for select products with a 15–20% surcharge. Please confirm feasibility before ordering.
- Peak season (September–November): Lead times may extend by 5–10 days due to factory capacity constraints. We recommend ordering early.
- Lead time commences upon sample confirmation and deposit clearance, not from the initial inquiry date.
6. Shipping & Delivery
- Shipping methods: Sea freight (LCL/FCL), air freight (DHL/FedEx/UPS), or rail/express per buyer preference.
- Incoterms: Typically FOB Ningbo/Shanghai or EXW Yiwu. Other Incoterms (CIF, DDP) can be arranged upon request.
- Transit time estimates:
- Sea freight (Europe/US West Coast): 25–35 days
- Air express: 5–7 business days
- Rail freight (Europe): 18–25 days
- Risk of loss or damage transfers to the buyer upon delivery to the carrier (FOB terms) or upon arrival at destination (DDP/CIF terms).
- We are not responsible for delays caused by customs clearance, force majeure events, or carrier issues beyond our control.
7. Quality Assurance
- All products undergo in-line QC inspection during production and final pre-shipment inspection (PSI). AQC reports and photos are shared with the buyer before shipment.
- Acceptable defect rate: Below 2% (industry standard for mass-produced promotional items). Products exceeding this threshold will be reworked or replaced at our cost.
- Buyers may appoint a third-party inspection agency (SGS, Bureau Veritas, Intertek) at their own cost. We fully cooperate with all third-party inspections.
8. Returns, Refunds & Disputes
- Custom-made products: Due to the personalized nature of custom Christmas items (custom logos, designs, colors, packaging), we generally cannot accept returns or issue refunds once production has begun, except in cases of manufacturing defects or deviation from approved specifications.
- Defective products: If products deviate from the confirmed sample/specifications, we will (at our option) replace the defective items free of charge or issue a credit for the defective portion. Claims must be made within 14 days of receipt, supported by photos and description of the defect.
- Shipping damage: Inspect shipments immediately upon arrival. File claims with the carrier within 7 days. We assist with documentation but are not liable for carrier-caused damage under FOB terms.
- Cancellation: Orders cancelled before production starts: deposit refundable minus actual costs incurred (samples, materials already ordered). Orders cancelled after production starts: deposit non-refundable; partial refund may be considered case-by-case.
9. Intellectual Property & Custom Design
- Buyers warrant that they own or have licensed all trademarks, logos, designs, and copyrighted material provided for customization. XmasGifts is not responsible for IP infringement caused by buyer-supplied artwork.
- Ownership of custom molds/tools: Molds paid for entirely by the buyer belong to the buyer. We store molds safely for 2 years at no charge; extended storage available upon arrangement.
- We will never reproduce or resell products bearing a buyer's custom design to any third party without explicit written permission.
10. Force Majeure
We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, government actions (export bans, port closures), labor strikes, raw material shortages, or supply chain disruptions. In such cases, we will notify the buyer promptly and work toward a mutually acceptable solution (e.g., delayed delivery, partial shipment, or order cancellation with fair refund).
11. Confidentiality
Both parties agree to keep confidential all business information exchanged during the course of our cooperation, including pricing, product designs, customer lists, and trade secrets. This obligation survives the termination of any individual transaction by 3 years.
12. Applicable Law & Dispute Resolution
- These terms are governed by the laws of the People's Republic of China.
- In case of dispute, both parties agree to first attempt good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC), Shenzhen Commission, for arbitration in accordance with its rules. The arbitration decision is final and binding.
- The language of arbitration shall be English.
13. Contact Us
Questions about these terms? Reach out anytime:
- Email: [email protected]
- Phone/WhatsApp: +86 186 7698 9226
- Address: Lion Promotional Gift Co., Limited, Yiwu, Zhejiang, China