Terms & Conditions
A. Conclusion of contract.
A-1 The presentation of merchandise in our internet shop does not represent any legally binding contractual offer on our part, but is instead a non-binding invitation to the consumer to order goods. This site is subject to errors and omissions, particularly with regard to product availability and pricing. Sales are subject to stock availability (or while supplies last). Your order confirmation by email only informs you that we have received your order; it does not constitute our acceptance. We reserve the right to correct any pricing errors and may refuse or cancel the order based on such errors, even after an order confirmation. A sales contract is concluded only upon TBSS Taiwan's confirmation of availability and successful shipment of the goods.
A-2 The order confirmation emailed to the consumer or entrepreneur after successfully placing an order via the TBSS Taiwan Online shop is an automatically generated acknowledgement that they have submitted an offer to purchase.
A-3 Acceptance of the offer follows upon successful shipment confirmation or written acceptance of the order by TBSS Taiwan.
A-4 TBSS Taiwan does not offer products for sale to minors. All products we offer can only be ordered by customers who are of legal age or with the consent of their legal representative.
A-5 TBSS Taiwan reserves the unconditional right to refuse or cancel any order for any reasonable cause, including but not limited to, suspected fraudulent activity, history of failed transactions with the customer, or violation of these Terms and Conditions. In such an event, any payment already made will be fully refunded.
A-6 The governing language of this contract shall be English. Any translations of these Terms and Conditions into other languages are provided solely for the customer's convenience, and in the event of any discrepancy or conflict, the English text shall prevail and control.
B. Delivery.
B-1 Upon ordering via the TBSS Taiwan Online Shop, you will receive an order confirmation by email.
B-2 Each order shall be treated as a single, separate transaction; bulk orders are not permitted. TBSS Taiwan will only ship items that belong to the same order together.
B-3 TBSS Taiwan ships exclusively to the customer's home address via postal service, DHL, and FedEx Express. Delivery to P.O. boxes or parcel lockers is not possible. (Note: The processing method for returned shipments is outlined in B-13 and aligns with the (PAYPAL Seller Protection Policy).
B-4 The buyer is responsible for providing the correct shipping address. Costs incurred due to the buyer providing an incorrect address shall be borne by the buyer.
B-5 For items listed as backorder, the consumer may withdraw from the contract if the delivery term exceeds 50 calendar days.
B-6 In case of contract withdrawal pursuant to B-5, TBSS Taiwan will refund the consumer’s overpayment within 5 days at the latest.
B-7 TBSS Taiwan will inform the consumer by email of any delays.
B-8 If an item is no longer available, TBSS Taiwan reserves the right to offer and supply a replacement item of the same quality, function, and characteristics. If providing a suitable replacement is not possible, TBSS Taiwan will promptly refund the purchase price of the relevant item. Any change in the part numbers, specifications, or encryption of the replacement item will be fully disclosed to the buyer prior to shipment.
B-9 The risk of loss or damage to the goods remains with TBSS Taiwan until the consumer receives the package.
B-10 Should the consumer receive a visibly damaged package, they must refuse acceptance; otherwise, TBSS Taiwan assumes no liability for defective contents.
B-11 Any item being returned—whether for a change of mind, incorrect purchase, or due to damage or defect—must be reported to TBSS immediately upon delivery via written notice (feedback). This report must include clear photos or videos of the item and its original, complete packaging. For a legitimate claim, TBSS TAIWAN will email the required return information, including the RMA (Return Material Authorization) number or documents. The RMA number or documents are mandatory and must be enclosed with the return shipment; failure to include them will prevent processing. The buyer is responsible for ensuring the integrity of the product and its packaging throughout the entire return process. If the buyer delays or postpones the return transaction for more than seven calendar days from the date of TBSS's initial instruction, the application will be automatically rejected.
B-12 Buyer’s Customs Obligation for Returned Goods The buyer is solely responsible for ensuring that the returned package clears Taiwanese customs without incurring additional duty or tax upon entry. The buyer must clearly label the commercial invoice and external package as "Returned Goods" and declare the value as USD 1.00 or "N.C.V. (No Commercial Value)". Any duties, taxes, or clearance fees incurred by TBSS Taiwan due to the buyer's failure to properly declare the shipment will be deducted from the final refund amount.
B-13 The following circumstances constitute a return or loss of freight status due to customer error, for which the buyer shall bear all associated costs:
-1 The package was not claimed or collected by the buyer within the carrier's designated timeframe, resulting in its return.
-2 Failure by the buyer to pay necessary customs duties, taxes, or import fees levied by the receiving country, causing the package to be returned.
-3 The buyer rejected the receipt of the package without prior authorization from TBSS Taiwan.
-4 The shipping address or contact information provided by the buyer was incorrect or incomplete.
-5 The buyer provided a P.O. Box, parcel locker, or any analogous postal receptacle address which is explicitly not supported by our designated shipping carriers (DHL, FedEx Express).
-6 Customs clearance failed due to the buyer providing false, misleading, or insufficient recipient information. Loss of Freight Status and Associated Fees Due to Customer Error: ... Upon receipt of a returned package resulting from any of the above circumstances, we will deduct a total of 13.5% of the order's total amount, which covers shipping costs (sent and return), the non-refundable PayPal or Payment Gateway transaction fee (4.7%), and packaging costs (8.8%), before processing a refund. Any exchange rate loss incurred between the buyer and their bank shall be borne by the buyer.
B-14 Order Cancellation
-1 If a cancellation request is submitted before TBSS Taiwan has formally accepted the order (as defined in A-3) and before the payment is processed and received by TBSS Taiwan, the order will be cancelled immediately, and the buyer will incur no cancellation or deduction costs.
-2 If the buyer requests to cancel an order after acceptance and prior to shipment for reasons attributable to the buyer, such cancellation is generally permitted. However, the buyer must pay a total deduction of 10.2% of the total order amount, which includes the non-refundable PayPal or Payment Gateway transaction fee (4.7%) and a 5.5% handling fee.
B-15 Unless expressly agreed otherwise, we determine the appropriate manner of shipping and the forwarder according to our reasonable discretion.
B-16 Refund Principle (original payment method) All refunds will be processed strictly back to the original source of payment. No exceptions will be made for alternative methods of payment or different accounts. Credit Card: Refunds will be credited back to your credit card limit. Debit Card: The refunded amount will be returned to your associated bank account. Direct PayPal: The amount will be returned to your PayPal account balance. Credit Card via PayPal: The refund will still be credited back to the original credit card used for the PayPal transaction. We maintain a policy of returning funds only to the source from which the payment was received.
C. Warranty.
C-1 Your order is subject to the warranty provisions as exclusively defined within these Terms and Conditions. As the buyer, you are entitled to demand, free of charge, either repair or replacement (secondary fulfillment) for goods that were defective upon receipt. TBSS Taiwan's warranty liability is strictly limited to one year from the date the goods are successfully delivered to the buyer. If the fulfillment option you choose results in unreasonable costs for us—defined as costs for repair, replacement, or shipping that exceed fifty percent (50%) of the original item's purchase price—we reserve the right to refuse it and select an alternative option, provided it does not also involve unreasonably high costs. The applicability of any statutory warranty provisions from the buyer's local jurisdiction is hereby expressly excluded.
C-2 Defects or damage resulting from improper or inexpert handling, incorrect installation, use of unsuitable accessories, or alterations to the original parts by the customer or a contracted third party are excluded from this warranty.
C-3 Normal wear and tear is also excluded from the warranty (e.g., brake pads, belts, transmission parts, tires, etc.).
C-4 The customer must inspect the goods or service for possible damage or defects immediately upon receipt. If a defect, incorrect delivery, or quantity error is demonstrated upon inspection, the customer must contact TBSS Taiwan to process a Warranty Returns claim within seventy-two (72) hours of delivery.
C-5 Failure by the customer to make this report constitutes approval of the goods or service, unless the defect was not recognizable upon inspection, or if the deviation in the delivered goods/service or quantity is so significant that TBSS Taiwan must deem the customer's approval to be excluded.
C-6 Should a defect be noted later (latent defect), the customer must submit a photo report immediately after discovery, but in no case later than seventy-two (72) hours from discovery; otherwise, the goods will be considered approved, even with the said defect.
C-7 The warranty period for new goods is one year, commencing from the date the goods are successfully delivered to the buyer, as confirmed by the carrier's tracking information.
C-8 For the rest, the warranty applies in the context of statutory requirements.
C-9 We only accept liability for loss, other than loss involving injury to life, body, or health, if it is based upon willful misconduct, gross negligence, or an attributable breach of a material contractual obligation by us or our agents. Any further liability for damages is excluded. The provisions of product liability law remain unaffected.
C-10 If a material contractual obligation is negligently breached, our liability is limited to the foreseeable, contractually typical average loss.
D. Liability for damages.
D-1 Our liability for simple negligence (excluding gross negligence) in the case of delay in delivery shall be limited to an amount of 10% of the relevant purchase price (including VAT).
D-2 We are not liable (on any legal grounds) for loss that would typically not have been expected considering the nature of the current order and the normal use of the goods. Liability for loss due to data loss is also excluded if data recovery is impossible or difficult due to absent or insufficient data backup. The above liability limitations do not apply in cases of willful misconduct or gross negligence.
E. PRIVACY POLICY (GDPR, CCPA/CPRA, and Taiwan PDP Act)
E-1 DATA COLLECTION AND USE We collect, store, and process customer data as necessary to fulfill transactions and for legitimate business purposes. Data Types Collected: We collect identifiers (Name, Email, Physical Address, IP Address), commercial information (Purchase History), and internet activity (Browsing Behavior via Cookies). Purpose and Legal Basis: Contract Fulfillment: Processing your personal data to fulfill orders, manage shipments, and process payments (Necessary for Contractual Obligation). Marketing: Used for advertising purposes only with your explicit consent. Security: Used to detect and prevent fraud and comply with legal requests (Necessary for Legitimate Interest). Taiwan Compliance: All data processing is done in accordance with the Personal Data Protection Act (個人資料保護法) in Taiwan.
E-2 DATA SHARING AND INTERNATIONAL TRANSFER We safeguard customer data against unauthorized third-party access. We do not sell your personal information. We share data only with third parties essential for our business operations (e.g., Shopify, PayPal, DHL/FedEx for shipping) who are contractually bound to protect your data. International Transfer: By transacting with us, you consent to the processing and transfer of your information to countries outside your jurisdiction (including Taiwan and the United States) for storage and processing by our third-party service providers.
E-3 YOUR RIGHTS (GDPR & CCPA) Residents of the European Union/EEA and California are entitled to the following rights: Right to Access and Know: You have the right to request information about the categories of personal data we have collected about you. Right to Rectification and Deletion: You may request that we correct inaccurate data or request the deletion of your personal data ("Right to be Forgotten"). Right to Opt-Out (CCPA): You have the right to opt-out of the sharing of your personal information. Note: TBSS TAIWAN does not sell personal information. Right to Object: You have the right to object to the processing of your data for direct marketing purposes. Data Retention: We retain personal data only for as long as necessary to fulfill the purposes outlined in this policy and to meet legal obligations.
E-4 CONTACT AND REVOCATION Cookie Tracking: Web tracking is collected anonymously and stored using cookies for marketing purposes (IP addresses are anonymized). Revocation: Consent for marketing and tracking may be revoked at any time by simply notifying: info.taiwanbigscootshop@gmail.com Data Requests: For all requests regarding your privacy rights (access, deletion, correction), please use the same email address.
F. Choice of Law and Jurisdiction.
F-1 Choice of Law: All contracts concluded between TBSS Taiwan and the customer shall be governed exclusively by the laws of Taiwan (Republic of China), without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be expressly excluded.
F-2 Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract shall be the competent court located in Taipei, Taiwan.