Fairland Group - Global Terms of Service

Last Updated : October 21, 2025
Effective Date : October 21, 2025
Welcome to Fairland Group ("Fairland," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the websites, services, and applications owned and operated by Fairland Inc. and its affiliates, including but not limited to https://www.fairland.com.cn/、https://www.aquark.com/、https://www.aquagem.com/ and https://www.fairlandgroup.com/ (collectively, the "Services").
This document is a legally binding contract between you ("User," "you," or "your") and Fairland. Please read these Terms carefully before accessing or using our Services. By accessing the Services, creating an account, placing an order, or otherwise indicating your assent, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all other policies and guidelines referenced herein.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
We will implement a "clickwrap" agreement on our platforms, requiring you to affirmatively click a button or check a box to indicate your acceptance of these Terms and our Privacy Policy before creating an account or completing a purchase. This ensures you are fully informed and have provided explicit consent, a practice aligned with global data protection standards and legal precedents regarding the enforceability of online agreements.

1. Eligibility and Scope of Services

1.1. Eligibility.

To use our Services, you must be at least 18 years of age or the age of legal majority in your jurisdiction. By agreeing to these Terms, you represent and warrant that you meet this age requirement. The Services are not intended for or directed at children, as defined in our Privacy Policy.

1.2. Scope.

These Terms apply to all aspects of your interaction with the Services, from browsing and creating an account to purchasing products and submitting content. Specific services or promotions may be subject to additional terms, which will be presented to you at that time. If there is a conflict between these Terms and any additional terms, the additional terms will control for that specific service.

2. Electronic Communications (U.S. E-SIGN Act Compliance)

By using our Services or communicating with us electronically, you consent to receive communications from us electronically in compliance with the U.S. Electronic Signatures in Global and National Commerce (E-SIGN) Act.

• Scope of Consent. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This includes, but is not limited to, updates to these Terms, order confirmations, shipping notices, and customer service correspondence.

• Hardware and Software Requirements. To access and retain our electronic communications, you will need a computer or mobile device with an internet connection and a modern web browser, as well as software capable of viewing PDF documents.

• Withdrawal of Consent. You have the right to withdraw your consent to receive electronic communications. To do so, please contact us at the email address provided in Section 13. If you withdraw your consent, we may terminate your account and access to the Services. You are responsible for keeping your email address on file with us up-to-date so that you may receive any notices or alerts.

• Requesting Paper Copies. You may request a paper copy of any electronic communication by contacting us. We may charge a reasonable fee for this service.

3. User Accounts

3.1. Account Creation.

To access certain features, such as placing orders and managing your information, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. Account Security and Responsibility.

You are solely responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You may be held liable for losses incurred by Fairland or any other user of the Services due to someone else using your account as a result of your failing to keep your account information secure and confidential.

3.3. Account Suspension and Termination.

We reserve the right to suspend or terminate your account and/or your access to the Services at our sole discretion, without notice, for any conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason.

• Notice to EU Users: In accordance with the EU Digital Services Act (DSA), if we decide to suspend or terminate your account or remove content you have provided, we will provide you with a clear and specific statement of reasons for our decision. You will have the right to appeal this decision through our internal complaint-handling system, which will be available to you for at least six months following the decision.

4. Acceptable Use and Prohibited Conduct

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. As a condition of your use, you agree not to engage in any of the following prohibited activities:
Unlawful Activities: Using the Services for any purpose that is illegal or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fairland or others.
Intellectual Property Infringement: Copying, reproducing, distributing, republishing, publicly displaying, or creating derivative works from any part of the Services or its content without our express prior written permission.
Security and System Integrity Violations:

• Using any automated device, such as a "robot" or "spider," to access, scrape, or monitor any portion of the Services.

• Attempting to gain unauthorized access to any part of the Services, or any other systems or networks connected to the Services, through hacking, password mining, or any other illegitimate means.

• Probing, scanning, or testing the vulnerability of the Services or any network connected to them.

• Knowingly transmitting any virus, worm, or other malicious code that may damage or interfere with the Services.

• Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services.

Misrepresentation and Fraud: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Harmful or Offensive Conduct: Posting or transmitting any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable.

5. Terms of Sale

5.1. Order Acceptance and Contract Formation.

Your placement of an order through our Services is an offer to purchase the products listed in your order. All orders are subject to our acceptance. We will send you an email confirming receipt of your order, but this does not constitute acceptance. A legally binding contract of sale between you and Fairland is formed only when we dispatch the goods and send you a "Shipping Confirmation" email. We reserve the right to refuse or cancel any order for any reason prior to shipment, including but not limited to product availability, errors in pricing or product descriptions, or issues identified by our fraud detection services.

5.2. Pricing, Availability, and Errors.

All prices, discounts, and promotions posted on the Services are subject to change without notice. We strive to display accurate price information, but we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors and to cancel any orders arising from such occurrences, even after you have received an order confirmation. If your credit card has already been charged for a cancelled order, we will issue a full refund to your account.

5.3. Payment.

We accept the payment methods displayed on the checkout page. You represent and warrant that you have the legal right to use any payment method you provide. By submitting your payment information, you authorize us and our third-party payment processors to charge the applicable amount to your selected payment method. We are not responsible for any errors or security breaches by third-party payment processors.

5.4. Shipping, Title, and Risk of Loss.

We will arrange for shipment of the products to you. Please see our separate Shipping Policy for specific details. Title and risk of loss for the products pass to you upon our delivery of the items to the carrier.

5.5. International Shipments; Customs, Duties, and Taxes.

When ordering products for delivery to destinations outside of our primary shipping country, you are the importer of record and are responsible for all import duties, taxes, and customs fees levied by the destination country. These charges are not included in the item price or shipping cost and are your sole responsibility.

• Shipping Terms (Incoterms): Unless otherwise specified, international shipments are made Delivered at Place (DAP) or Delivered Duty Unpaid (DDU). This means we are responsible for delivering the goods to the named destination, but you are responsible for import clearance and paying any applicable duties and taxes.

• Customs Clearance: You are responsible for complying with all laws and regulations of the destination country. Customs policies vary widely; we recommend contacting your local customs office for more information. Customs clearance procedures can cause delays beyond our original delivery estimates. If you refuse to pay these charges, the shipment may be returned to us at your expense or destroyed, and you will not be eligible for a refund.

5.6. Product Descriptions.

We attempt to be as accurate as possible in our product descriptions. However, we do not warrant that product descriptions or other content are completely accurate, complete, reliable, current, or error-free. Images are for illustrative purposes only, and actual products may vary. This does not affect your statutory rights (see Sections 7.3 and 9).

6. User-Generated Content (UGC)

The Services may allow you to post content, such as product reviews, or submit materials through customer service chat ("User-Generated Content" or "UGC").

6.1. License Grant.

By submitting UGC, you grant Fairland a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You agree that this license includes the right for us to make your UGC available to other companies, organizations, or individuals for any purpose, including commercial purposes, without any compensation to you.

6.2. Your Representations and Warranties.

You are solely responsible for your UGC. You represent and warrant that you own or have the necessary rights to grant us the license described above, and that your UGC does not violate any third-party rights (including copyright, trademark, or privacy rights) or any applicable laws.

6.3. Content Moderation and EU Digital Services Act (DSA).

We reserve the right, but not the obligation, to monitor, edit, or remove UGC that we determine in our sole discretion to be unlawful, offensive, or in violation of these Terms.

• Notice to EU Users: In compliance with the DSA, our content moderation practices are outlined to address illegal content and content that violates our terms. If we take action on your UGC (e.g., removal), we will provide you with a statement of reasons explaining our decision. You will have access to an internal complaint-handling system to appeal the decision for at least six months, and you also have the right to select a certified out-of-court dispute settlement body to resolve disputes.

7. Intellectual Property

7.1. Ownership.

The Services and all materials therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, and copyrights (the "Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Fairland and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights.

7.2. Feedback.

If you provide us with any ideas, proposals, suggestions, or other feedback ("Feedback"), you hereby grant us full ownership of such Feedback. You agree that we shall be entitled to use, implement, and exploit the Feedback in any manner without restriction, and without any obligation of confidentiality, attribution, or compensation to you.

7.3. Copyright Infringement Policy (DMCA Notice - U.S. Only).

We respect the intellectual property rights of others and comply with the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

• Identification of the copyrighted work claimed to have been infringed.

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.

• Your contact information, including your address, telephone number, and an email address.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notification: If you believe that your material was removed by mistake, you may send a counter-notification to our Designated Agent with the following information:

• Your physical or electronic signature.

• Identification of the material that has been removed and its location before removal.

• A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.

• Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or any judicial district in which Fairland may be found if you are outside the U.S.), and that you will accept service of process from the person who provided the original notification.

Designated Copyright Agent:

• Repeat Infringer Policy: We will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers.

8. Disclaimers and Limitation of Liability

8.1. WARRANTY DISCLAIMER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIRLAND, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM ARISING, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

8.3. NOTICE TO AUSTRALIAN CONSUMERS.

Nothing in these Terms is intended to exclude, restrict, or modify any of your rights under the Australian Consumer Law (ACL) that cannot be lawfully excluded. Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion or to compensation for its reduced value. For major failures with goods, you are entitled to a replacement or refund. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

9. Indemnification

You agree to defend, indemnify, and hold harmless Fairland and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party.

10. Dispute Resolution, Governing Law, and Jurisdiction

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

10.1. For U.S. Residents: Binding Arbitration and Class Action Waiver.

• Agreement to Arbitrate: You and Fairland agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved by binding arbitration, except that each party retains the right to bring an individual action in small claims court.

• Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.

• CLASS ACTION AND JURY TRIAL WAIVER: YOU AND FAIRLAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AND FAIRLAND BOTH WAIVE THE RIGHT TO A TRIAL BY JURY.

• 30-Day Opt-Out: You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice to the address within 30 days of the date you first agree to these Terms.

10.2. For EU Residents.

• Governing Law and Jurisdiction: These Terms shall be governed by the laws of [Ireland]. This choice of law will not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence. You may bring legal proceedings in connection with these Terms in the courts of your country of residence.

• Online Dispute Resolution (ODR): The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. Our email address for this purpose is [Sales@fairland.com.cn].

10.3. For Australian Residents.

Governing Law and Jurisdiction: These Terms are governed by the laws of. You and Fairland agree to submit to the non-exclusive jurisdiction of the courts of that State.

10.4. For All Other Users.

These Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.

11. Region-Specific Terms

11.1. For Consumers in the European Union: Right of Withdrawal.

If you are a consumer in the EU, you have a legal right to withdraw from a contract for the purchase of goods within 14 days without giving any reason.
Withdrawal Period: The withdrawal period will expire 14 days from the day on which you acquire physical possession of the goods.
How to Exercise: To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the model withdrawal form provided in Appendix A, but it is not obligatory.
Exceptions: The right of withdrawal does not apply to certain goods, including:

• Goods made to your specifications or clearly personalized.

• Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

• Sealed audio or video recordings or sealed computer software which were unsealed after delivery.

Effects of Withdrawal: If you withdraw, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than 14 days from the day on which we are informed about your decision to withdraw. We may withhold reimbursement until we have received the goods back. You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us. You will have to bear the direct cost of returning the goods.

11.2. For Residents of California, USA.

California "Shine the Light" Law: California residents may request, once a year, a list of the third parties to whom we have disclosed their personal information for such third parties' direct marketing purposes. For more information, please see our Privacy Policy or contact us.
California Consumer Legal Remedies Act (CLRA): Nothing in these Terms is intended to waive any of your non-waivable rights under the CLRA.

12. General Provisions

12.1. Entire Agreement.

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and Fairland concerning the Services.

12.2. Severability.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

12.3. No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4. Force Majeure.

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, or pandemic.

12.5. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

12.6. Export Compliance.

You agree to comply with all applicable U.S. and international export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you will not export, re-export, or transfer any products purchased from the Services to any country, entity, or individual prohibited by such laws.

12.7. Accessibility.

We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty accessing any part of the Services, please contact us.

12.8. Amendments.

We reserve the right to amend these Terms at any time. We will notify you of material changes by posting the amended terms on our Services or by sending you an email. Your continued use of the Services after such notice constitutes your acceptance of the amended Terms. For users in the EU and Australia, we will provide reasonable advance notice of material changes and you will have the right to terminate your account if you do not agree to the changes.

13. Contact Information

If you have any questions about these Terms, please contact us at:
Email: [Sales@fairland.com.cn]
Mailing Address:
For U.S. Users: [Insert US Address]
For EU Users: [Insert EU Address]
For All Other Users: [Keyuan Two Road, Gaoli Development Zone, Ronggui, Shunde District, Foshan City, Guangdong Province, China]