1. Governing Law and Dispute Resolution
1.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the United States. By placing an order or using our services, you agree to be bound by the applicable laws in the United States, regardless of your location or place of residence.
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Jurisdiction: Any legal action or proceeding arising under or in connection with these Terms and Conditions, including any disputes between you and Eletrikes, shall be subject to the exclusive jurisdiction of the courts of the United States, specifically the courts in [State], where [Your Company Name] is incorporated.
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Enforceability: If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of the agreement remains in full force and effect.
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International Considerations: If you are located outside of the United States, you agree that any disputes related to the products, services, or these Terms and Conditions will be resolved in accordance with U.S. law, and you consent to the jurisdiction of the U.S. courts. Additionally, you agree to bear any costs associated with bringing a legal action in the United States.
1.2 Dispute Resolution
We value our customers and are committed to resolving any disputes in a fair and amicable manner. Should any issues or disputes arise, we encourage you to contact us directly before taking further legal steps. We are dedicated to providing effective customer support and will work with you to find a resolution.
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Direct Communication:
If you have a dispute regarding your order, product, or service, we strongly encourage you to reach out to our customer service team first. We will do our best to address any concerns and resolve the issue as quickly and efficiently as possible. Direct communication allows us to address problems without unnecessary delays or complications. -
Mediation:
Before resorting to formal legal actions, we encourage the use of mediation as a way to reach a mutually agreeable solution. Mediation is a less formal process where a neutral third party facilitates a conversation between both parties to help resolve the issue. -
Arbitration:
If a dispute cannot be resolved through direct communication or mediation, we offer the option of binding arbitration. Arbitration is a method of resolving disputes outside the court system, where an arbitrator makes a final decision that both parties agree to abide by. By agreeing to these terms, you consent to resolve any disputes through arbitration, rather than litigation in court.-
Arbitration Process: The arbitration will be conducted in New York,, under the rules of the American Arbitration Association (AAA), or another recognized arbitration organization agreed upon by both parties. The decision made by the arbitrator(s) will be final and binding, and the award may be enforced in any court having jurisdiction over the matter.
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Costs: The costs of arbitration will be shared equally between both parties unless otherwise agreed or determined by the arbitrator. In some cases, the prevailing party may be entitled to receive reimbursement for reasonable legal fees.
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Exceptions to Arbitration:
Please note that disputes related to intellectual property rights (such as patent, trademark, or copyright infringement) may not be subject to arbitration and may be brought directly to a court of law. -
No Class Action:
You agree that any dispute resolution will be conducted on an individual basis, and not as part of any class action, collective action, or representative proceeding. Each party agrees that they will not participate in or bring any class action or similar proceeding against the other.
Conclusion
Our goal is to resolve any disputes in a fair and timely manner. By agreeing to these Terms and Conditions, you acknowledge that you understand the governing law and dispute resolution processes, including our preference for direct communication and mediation before resorting to formal arbitration or legal actions.
Should you have any further questions or concerns, please do not hesitate to reach out to our customer service team at eletrikes@outlook.com or +86-18662331866. We are here to assist and ensure that any issues are handled professionally and efficiently.