Terms

The www.asiaexp.com website is operated by Asia Exports Corporation. The mailing address for Asia Exports Corp. is 1835 NE Miami Gardens Drive, Miami, Florida  33179

Your Use of This Website is Governed by These Terms and Conditions.  Please take a few minutes to review these Terms and Conditions (also known as “Terms of Service”).  By using this website you hereby bound by and agree to all of the following rules, terms and conditions.  If you do not agree with any of these Terms and Conditions, do not use the tibetansunfurniture.com website.  Tibetansunfurniture.com and Asia Exports Corporation, unless otherwise specified herein, shall be collectively known as “AE” hereinafter.

These Terms and Conditions May Change

AE reserves the right to update, modify or amend these Terms and Conditions at any time without prior notice of any kind.  You specifically agree to, accept and are bound to any and all changes to these terms and/or rules as modified should you use this website anytime after the changes have been posted on this website.  For this reason, we strongly suggest that you to review these Terms and Conditions each time you visit our website.

Submissions

We welcome and encourage your comments regarding this website and/or any of our products. We find customer feedback can be essential in ensuring that we are meeting the needs and expectations of our customers which is one of our primary goals. It is important to note that any comments, feedback, notes, messages, ideas, suggestions or other communications (hereinafter collectively, "Feedback") sent to tibetansunfurniture.com or any related agent, entity or contractor shall be and remain the exclusive property of Asia Exports Corporation. The submission of any Feedback shall be an assignment to Asia Exports Corporation of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback which Asia Exports Corporation shall be entitled to use, reproduce, disclose, publish and distribute for any and all purpose whatsoever, without restriction of any kind or obligation to compensate you for the Feedback in anyway. Therefore, we strongly recommend that you do not send any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, original artwork or any other content that you do not wish to assign. You must not send us any content or Feedback that is protected, copy written, trade or service marked or otherwise owned by a third party that you do not have the legal right and authority to assign. Should you improperly submit Feedback that you do not have the legal right to assign, you may be legally liable to us and/or the third party that has a legal and/or possessory interest in the Feedback.

No content or Feedback of any kind shall be transmitted that could violate, or could facilitate the violation of, any applicable law, statute, guideline, administrative code, court order or a AE policy, procedure or Terms of Service. Any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy rights, abusive, inflammatory or otherwise objectionable shall not be submitted or communicated in anyway to Tibetansunfurniture.com, Asia Exports Corporation and/or to any third party through and/or related to this website.

Messages, Notes or Other Information Transmitted for Gift Purchases

You are solely responsible for the content of any messages and/or images you submit and AE assumes no liability for any content submitted by you.  We may, are our sole option, restrict or remove any and all content from a message, which we believe, in our sole discretion, violates these guidelines or is otherwise harmful to us, other AE customers and/or visitors to our website or any third party.  AE shall have no liability for nor be obligated to store or maintain any information and/or messages submitted by you and said information or messages may be purged from our system at any time.

Any date, information, content or message you submit is for non-commercial use only.  Any submission of any kind to AE must include your actual e-mail address.  Anything submitted online and/or electronically will be transmitted via the Internet otherwise known as the World Wide Web and you therefore understand and acknowledge that you have no expectation of privacy with regard to any submission made.  All reasonable efforts will me made to keep any confidential and/or privileged financial information or other personal identifying information transmitted for the sole purpose of paying an invoice and/or ordering a product and/or paying other amounts owed to AE from being disclosed to third parties that do not require the information for a legitimate business interest of AE in processing such payment.

Pricing & Product Information

Although we do out best to ensure all information and pricing is properly and accurately reflected on our site, from time to time errors can occur. If an item is incorrectly priced we will handle your order as follows:

If an item is priced higher (i.e. price reflected on website at time of order) then the actual price (the price that should have been reflected at the time of order), we will ship your order and charge you the lower correct price. Please keep in mind that prices can vary during any given time period based upon numerous factors so just because you notice a price change from one visit to another does not mean it was incorrectly priced. We do our best to keep our prices competitive and to pass any savings that we can to you.

If an item is priced (price reflected on website at time of order) lower then the actual price of the item we will hold your shipment and at our sole option, will either give you the option of purchasing the product at the correct price or we will cancel the order. In either scenario, you will be contacted via the e mail address provided with your order. Should you be given the option of purchasing the item at the correct price, you will have seventy-two (72) hours to respond and let us know that you still want the item at the higher price. If we are unable to fulfill your order do to inventory or other reasons that may be beyond our control, you will be notified via the e mail address provided by you of the problem. AE reserves the right to cancel the order or, at its sole option, give you the option of cancelling the order or waiting additional time for delivery. If AE believes it can deliver the product within a reasonable period of time, not to exceed thirty (30) days, it will notify you of the expected delay and its intention to fulfill the order. AE specifically reserves the right to limit quantities purchased with any order or by any consumer.

Photographic/Graphic Images and Colors

AE has taken reasonable steps and measures to accurately display the products available for purchase on this website. We believe that the images provided do accurately reflect the products for sale. However, colors and images can vary from computer to computer and monitor to monitor. Accordingly, we cannot guarantee that your monitor's display of any image or color will be accurate.

Please be mindful that a great deal of our products offered on Tibetansunfurniture.com are man-made or are made from natural parts (i.e. stones, wood, etc.). Others use synthetic parts that are made to resemble certain natural products. In short, many products will be substantially similar to those displayed on our website but will not be exact replicas. Likewise, some items may have minor variations or imperfections solely due to them being made with natural parts and/or being hand made and/or assembled.

AE is in no way responsible for wear, fading or shrinkage of fabric, damage due to misuse, abuse or accidents, damage or discoloration caused by sunlight or artificial lighting sources, variation of the color or graining of wood or wood products, ridges or rough areas in stones, marbles, wood or variations in its color or graining, the natural variations in graining and color of any product whether natural or man made or as a result of any alteration by the purchaser.

LEGAL DISCLAIMERS/LIMITS OF LIABILITY

GENERAL DISCLAIMERS OF TIBETANSUNFURNITURE.COM AND/OR ASIA EXPORTS CORPORATION

THE TIBETANSUNFURNITURE.COM WEBSITE IS OPERATED BY ASIA EXPORTS CORPORATION, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, AE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND/OR AFFILIATES (HEREINAFTER “AE GROUP” DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, AE GROUP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM, IF ANY.

WITHOUT LIMITING THE FOREGOING, AE GROUP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, AE GROUP DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

AE GROUP DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES THAT MAY BE PROVIDED ON THIS WEBSITE ARE OFFERED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

AE GROUP MAKES NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

AE GROUP ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL AE GROUP OR ANY OF THEIR VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY TARGET CORPORATION BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH TIBETANSUNFURNITURE.COM OR ANY RELATED WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. YOU HEREBY ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND IS BOUND BY THESE TERMS AND CONDITIONS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AE GROUP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE LOWEST AMOUNT PERMITTED BY LAW SHOULD INTERVENING LAW REQUIRE A GREATER AMOUNT. ANY JUDICIAL DETERMINATION THAT ANY ASPECT OF THESE TERMS OF SERVICE ARE UNLAWFUL AND/OR UNENFORCEABLE, THESE TERMS SHALL ONLY BE RESTRICTED OR LIMITED TO THE EXTENT NECESSARY TO EXCISE THE LIMITED PORTION DEEMED UNLAWFUL AND/OR UNENFORCEABLE WITHOUT OTHERWISE IMPACTING THE ENFORCEMENT OF ANY AND ALL OTHER TERMS AND CONDITIONS HEREIN.

ENFORCEMENT

BY ACCESSING AND USING THE TIBETANSUNFURNITURE.COM WEBSITE, YOU HEREBY IRREVOCABLY AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA.

ANY AND ALL DISPUTES THAT ARISE, WHETHER DIRECT OR INDIRECT, FROM THE USE OF TIBETANSUNFURNITURE.COM AND/OR FROM A PURCHASE MADE ON OUR WEBSITE ARE EXCLUSIVELY SUBJECT TO BINDING ARBITRATION IN BROWARD COUNTY, FLORIDA. SUCH DISAGREEMENT OR CONTROVERSY SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH CHAPTER 682 OF THE FLORIDA STATUTES, THE FLORIDA ARBITRATION CODE. SHOULD ANY OF THE TERMS HEREIN CONFLICT WITH THE FLORIDA ARBITRATION CODE THE LANGUAGE HEREIN SHAL PREVAIL. WHEN SUCH DISAGREEMENT ARISES, ANY PARTY MAY MAKE A WRITTEN DEMAND FOR ARBITRATION VIA UNITED STATES CERTIFIED MAIL, RETURN RECEIPT REQUESTED. IN THIS EVENT, EITHER THE PARTIES WILL AGREE TO A SINGLE ARBITRATOR OR EACH PARTY WILL SELECT AN ARBITRATOR. THE TWO ARBITRATORS WILL THEN SELECT A THIRD ARBITRATOR. ALL ARBITRATORS SHALL BE MEMBERS IN GOOD STANDING WITH THE FLORIDA BAR. IF THE PARTIES CANNOT AGREE WITHIN THIRTY (30) DAYS AS TO THE APPOINTMENT OF AN ARBITRATOR, ANY PARTY MAY REQUEST THAT THE SELECTION BE MADE BY A JUDGE OF THE COURT HAVING JURISDICTION. VENUE AND JURISDICTION SHALL BE IN BROWARD COUNTY, FLORIDA, AND SUCH APPLICATION SHALL BE MADE TO A COUNTY AND/OR STATEJUDGE OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. EACH PARTY WILL: (1) PAY THE EXPENSES THEY INCUR; (2) PAY THEIR OWN ARBITRATOR’S FEES, AND (3) BEAR THE EXPENSES OF THE THIRD ARBITRATOR EQUALLY. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATION WILL BE HELD IN BROWARD COUNTY, FLORIDA, AND LOCAL RULES OF LAW AS TO PROCEDURE AND EVIDENCE WILL APPLY. A DECISION AGREED TO BY TWO OF THE ARBITRATORS SHALL BE BINDING AS TO ALL PARTIES, AND THERE SHALL BE NO RIGHT OF APPEAL. IF ALL PARTIES AGREE, ONE ARBITRATOR MAY BE USED IN LIEU OF THREE WITH ALL FEES AND COSTS TO BE SHARED EQUALLY BY THE PARTIES. IF YOU DO NOT AGREE TO THIS PROVISION, PLEASE NOTIFY US IN WRITING PRIOR TO PLACING AN ORDER, CONTINUING TO BROWASE OUR WEBSITE OR MAKING ANY SUBMISSIONS TO AE IS YOUR REFJECTION OF THIS VOLUNTARY BINDING ARBITRATIONAGREEMENT IS NOT DISPOSITIVE OF YOUR ABILITY TO BROWSE OUR WEBSITE, PLACING AN ORDER OR MAKING ANY SUBMISSIONS OF ANY KIND. THIS CLAUSEMUST BE REJECTED PRIOR TO THE EVENTS THAT GIVE RISE, DIRECT OR INDIRECT TO ANY DISPUTE OR CLAIM OF ANY KIND OR IS OTHERWISE BINDING.

IF THE VOLUNTARY BINDING ARBITRATION CLAUSE IS TIMELY REJECTED ANY AND ALL DISPUTES MUST BE BROUGHT IN THE COUNTY AND/OR STATE COURT OF THE 17TH JUDICIAL CIRUCUIT IN AND FOR BROWARD COUNTY, FLORIDA. ANY DISPUTES MUST BE BROUGHT IN STATE OR COUNTY COURT UNLESS THE ONLY CAUSE OF ACTION AVAILABLE CAN ONLY BE BROUGHT IN FEDERAL COURT WITH ANY EXCEPTION OF ANY KIND UNDER THE LAW IN WHICH INSTANCE IT MUST BE BROUGHT IN THE UNITED STATES SOUTHERN DISTRITCT COURT OF FLORIDA IN BROWARD COUNTY, FLORIDA. IF ANY STATE CLAIMS ARE BROUGHT THIS MATTER MUST BE HEARD IN STATE AND/OR COURT AND IF ANY SUCH CLAIMS ARE DETERMINED TO EXIST AFTER SUIT IS FILED, THE PARTIES HEREBY AGREE THAT THIS MATTER SHALL BE IMMEDIATELY REMANDED TO THE STATE COURT.

Copyright Notice

All of the Content on tibetansunfurniture.com, including, but not limited to, all text, photographs, page headers, images, graphics, audio or video clips, illustrations are subject to the service mark(s) trademark(s), copyright, trade dress and/or any and all other intellectual property rights or licenses held by tibetansunfurniture.com, Asia Exports Corporation and/or AsiaExp, any its agents, employees, contractors, affiliates or by third parties who have licensed their materials to tibetansunfurniture.com and/or Asia Exports Corporation.

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of this site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Asia Exports Corporation reserves complete title and full intellectual property rights in any Content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from an Officer and/or Director of Asia Exports Corporation or its legal counsel.

No alteration, modification or interpretation of this Agreement of these Terms shall be binding unless in writing and signed by both parties.

If any provision of these terms of service or any application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of these binding terms of service or the application of such provision to such person or circumstances, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law.

These Terms of Service shall be construed and enforced in accordance with the laws of Florida. Unless prohibited by law, venue shall be in Broward County, Florida for any dispute arising out of this agreement as set forth above.

These Terms of Service shall be binding upon and inure to the benefit of AE and you and your and AE’s successors and permitted assigns.

The captions in these Terms of Service are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of the Terms of Service or the scope or content of any of its provisions.

Nothing contained in these Terms of Service shall be construed to create a partnership or joint venture between the parties or their successors in interest or any other relationship.

These Terms of Service constitute the entire understanding of the parties with respect to the subject matter hereof, supersedes all other negotiations, representations, understandings and agreements of, by or among the parties, express or implied, oral or written, which are fully merged herein.

No failure or delay by AE to exercise any right it may have shall operate as a waiver of such right or as a modification of Terms of Service or shall prevent the exercise of any right

Notices

Any legal notices or requests required or permitted to be given hereunder shall be sent To the Registered Agent of Asia Exports Corporation as indicated in the most recent corporate filing with the State of Florida which can be found on http://www.sunbiz.org, the Florida Department of State Division of Corporation website.

Last updated November 2008.