Sofeast Terms & Conditions:
Unless explicitly agreed in writing by Sofeast Limited (hereafter called “Sofeast”), all services provided by Sofeast are governed by the following conditions of service, which prevail over any purchase terms and conditions. These terms and conditions shall be governed by and construed in accordance with Hong Kong Law. We kept these terms & conditions down to 1 page only so that each client reads them fully. You are welcome to email questions to our CEO, Renaud Anjoran: ra (at) sofeast.com.
Sofeast’s clients should take reasonable steps to give enough advance notice (no less than 2 full working days, and sometimes more), and should send all relevant information and samples well in advance. Keep in mind, sending us the information on Wednesday 3 pm London time means we get to it the next day! Clients should ensure that Sofeast staff can perform its activities in good conditions – this includes securing their access to facilities as needed for service performance and ensuring the additional personnel and/or equipment needed for service performance are fully available. In particular, if checking your product specifications need specific equipment, make sure the supplier/factory will make it available to our technicians. If you have a doubt, please contact us. Clients usually know their product, their market channel requirements, what matters for branding, etc. much better than we do. Try to communicate all this to us!
If a service to be performed in a factory is cancelled (by decision of the client, by decision of the client’s supplier, or because of wrong information communicated to Sofeast) with less than 1 full working day of advance notice, Sofeast will bill a cancellation fee (100 USD per man-day + any travel expenses already engaged).
Sofeast’s clients should pay within 10 days of receipt of invoices. After 10 days of invoice issuance, late payment fees will apply at the rate of 0.5% per week. Unless otherwise agreed in writing, all bank fees are to be paid by the client, and for PayPal payments, the client should transfer an extra 7.5% (includes Paypal total fees).
CAP ON LIABILITY
Sofeast acts as a consultant. Sofeast is not an insurer or a guarantor. In case Sofeast received wrong/incomplete information from its client, Sofeast accepts no liability. Sofeast accepts liability only in cases of negligence proven by the client. For a product inspection service, Sofeast’s liability can in no circumstance exceed ten times the price of the single service for which a claim is made, and in addition Sofeast shall only be liable if all the following conditions are true: (1) at least 80% of the products were fully packed at the beginning of the inspection; (2) there was only 1 product type in the lot (no combined sampling in the same inspection lot); (3) the claim is notified by mail to Sofeast within 3 months of the service performance. For all other types of services, SL’s liability can in no circumstance exceed two times the price of that single service.
OTHER IMPORTANT TERMS
Sofeast ensures all the client’s product information is kept strictly confidential. Note that some services require communication of certain information to suppliers. The client shall not seek to hire any Sofeast employee or representative while Sofeast is performing services for the client and within 3 years after termination of these services. If the client solicits to employ or employs any Sofeast employee or representative, Sofeast is entitled to seek injunctive relief against the client. Sofeast declines any liability deriving from what may appear to be legal or tax advice. Clients are advised to work with a law or accounting firm on these matters.
Policy key definitions:
“I”, “our”, “us”, or “we” refer to the business, Sofeast.
“you”, “the user” refer to the person(s) using this website.
GDPR means General Data Protection Act.
PECR means Privacy & Electronic Communications Regulation.
Cookies mean small files stored on a users computer or device.
Processing of your personal data
Under the GDPR (General Data Protection Regulation) we control and/or process any personal information about you electronically using the following lawful bases.
Lawful basis: Consent
The reason we use this basis: Your clear agreement to the processing of your personal data for a specific purpose, such as if you consent to us adding you to an email list by way of giving us your contact information and confirming your consent by checking a consent box.
Lawful basis: Contract
The reason we use this basis: The reason why the processing is necessary based on a contract you have with the Company, or because the Company has asked you to take specific steps before entering into that contract.
Lawful basis: Legitimate interests
The reason we use this basis: The reason why the processing your data is necessary which is based on the legitimate interests or the legitimate interests of a third party, provided those interests are not outweighed by your rights and interests.
These legitimate interests are:
- gaining insights from your behaviour on the Website;
- delivering, developing and improving the Website;
- enabling the Company to enhance, customise or modify the Website and services;
- determining whether marketing campaigns are effective;
- enhancing data security.
Processing of your personal data: We typically collect information including:
- Your personal details,
- company details,
- Data that identifies you, such as IP address
- Anything you choose to tell us about
- Data on how you use our website
Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
Sharing your information: We do not share your information with third parties.
Your individual rights
Under the GDPR your rights are as follows:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to data portability;
- The right to object; and
- The right not to be subject to automated decision-making including profiling.
- You also have the right to complain if you feel there is a problem with the way we are handling your data. You can address any complaint to your national Data Protection Authority (https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).
We handle all of the above subject access requests in accordance with the GDPR.
If you wish to act on any of these rights, please email ‘email@example.com’ and inform us what your needs are and we will comply with you within what is legally allowed and as quickly as possible.