Terms & Conditions
Welcome to Drsest.com, the website of Drsest, Inc. (“Drsest”). These Terms of Service (“Terms”) govern your use of this website and the online store accessed through this website. This website and our services are collectively referred to as the “Services”.
Please read and understand these Terms carefully, as your access to or use of the Services, or by clicking to accept or agree to these Terms (if this option is available), signifies your agreement to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
Who Can Use the Services
Qualification
You may use the Services only if you are 18 years of age or older, have the capacity to enter into a legally binding contract with us, and are not prohibited from using the Services by applicable law. By using the Services, you represent and warrant that you are 18 years of age or older.
Order Confirmation
Upon receiving your order, we will send you a confirmation email or other means. The order confirmation you receive only indicates that we have received your order and does not represent our acceptance of your order or confirmation of our sales offer. We reserve the right to refuse or restrict any orders you place with us. We may also, at our sole discretion, limit or cancel the quantity that can be purchased per person, per household, or per order. These restrictions may include orders placed using the same account, the same payment method (as defined below), the same email address, and/or the same billing and/or shipping address. We also reserve the right to limit or prohibit orders placed by what we deem to be resellers, resellers, or distributors. If we change or cancel an order, we will attempt to contact you using the email address you provided when placing the order. If we cancel all or part of your order after payment has been made through your payment method, we will refund the amount deducted.
Shipping Confirmation and Delivery
All orders are subject to our acceptance and we will send an email confirmation after confirming that the product has been shipped. If your order includes multiple shipping methods, you can choose one and pay the corresponding shipping and handling fees according to your choice. We are not liable for delays in shipping due to events beyond our control. However, we will do our best to cooperate with you to ensure successful delivery.
Pricing
The prices displayed for goods purchased through this service are the applicable retail prices and do not include taxes (if applicable). Any applicable taxes and fees will be provided to you before you place your order. Prices displayed on this service are quoted in US dollars. The prices of items in your shopping cart reflect the current prices displayed on the product detail page. Please note that this price may differ from the price displayed when you initially added the item to your cart.
Payment
By submitting an order through this service, you agree to prepay the price of the ordered products, as well as any applicable taxes, shipping costs, handling fees, and/or other charges. You can make payments using a credit card or any other payment methods we offer (collectively, "Payment Methods"). To complete payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider we authorize) to collect payment for all orders submitted and accepted through this service via your Payment Method.
Cancellation and Return Policy
You can learn about the cancellation and return policy through the service. If the product does not meet your expectations, please review the relevant policy to understand how and when you can return products purchased through the service. You agree that any applicable shipping and/or handling fees are non-refundable.
Product Information
Most products displayed on this service are sold online only through this service. These products are available in limited quantities, and due to limited supply, inventory cannot and will not be replenished. When a product in this service is out of stock, we will make every effort to remove it from the service promptly. If you have any questions about the availability of a specific product, please contact our customer service email aura@drsest.com.
Errors, Inaccuracies, and Omissions
We always strive to provide the latest, accurate, and reliable service information. However, occasionally, typographical errors, inaccuracies, or omissions may occur in the service information related to product descriptions, pricing, promotions, offers, and inventory. Any errors are unintentional, and we reserve the right to correct errors or update product information at any time without prior notice. If a product is incorrectly priced due to an image error, typographical error, or any other pricing information error, we reserve the right to refuse or cancel any product ordered at the incorrect price. We reserve the right to refuse or cancel such orders regardless of whether the order has been confirmed or your payment method has been charged. If your payment method has been charged and your order is cancelled, we will refund the amount of the incorrect price to your payment method.
Colors
We have made every effort to ensure that the product colors presented in the service are as accurate as possible. However, due to potential color variations on different monitors, we cannot guarantee that the product color you see in the service will be exactly the same as the actual product color.
Order Cancellation
If we believe a user has violated these Terms, including engaging in any fraudulent or misleading activities (e.g., using a pseudonym, multiple identities, multiple email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information), or if we in our sole discretion believe that a user's conduct violates applicable law or harms our interests, we reserve the right to cancel, modify, or suspend any placed orders.
Alerts and Notifications
As part of the Service, you may receive notifications, alerts, emails, or other types of messages related to the Service (e.g., order confirmations, shipping confirmations, and/or delivery information). We may also periodically send you emails directly promoting our services and products (e.g., new products or features we offer, recommendations, special discounts, or promotions). When you receive such promotional emails, you can unsubscribe by following the unsubscribe instructions in the email.
You can choose to receive SMS messages from us. By choosing to receive SMS messages, you expressly agree to receive marketing or promotional SMS messages that we send periodically, which may include shopping cart reminders. The frequency of SMS messages varies. This service is optional and not required to purchase goods. For assistance, please email aura@drsest.com.
These messages may use information automatically collected based on your actions on our website and may include notifications such as shopping cart abandonment reminders. If you voluntarily choose to receive SMS notifications sent directly to your phone, we will receive and store the information you provide—data obtained from you may include your phone number, carrier name, or the time/date/content of the SMS message. You can opt out of receiving SMS notifications at any time by emailing aura@drsest.com.
Content and Content Rights
For the purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of any kind, information, or other materials published, generated, provided, or otherwise made available through the Service; (ii) “User Content” means any content provided by an account holder (including you) and made available through the Service or transmitted to us through the Service (including via email). Content includes, but is not limited to, User Content.
Content Ownership, Liability, and Removal
Drsest does not claim any ownership of any User Content, and nothing in these Terms shall be construed as limiting your right to use and utilize your User Content. Without prejudice to the foregoing, Drsest and/or its licensors exclusively own all rights, title, and interests in the Service and Content (excluding User Content), including all relevant intellectual property rights. You acknowledge and agree that the Service and Content are protected by copyright, trademark, and other laws of Hong Kong. Drsest and all its related names, logos, product and service names, designs, and slogans are trademarks of Drsest and/or its licensors. You may not use such marks without the prior written permission of Drsest. All other names, logos, product and service names, designs and/or slogans on the website are trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary notices contained in or accompanying the Service or Content.
Rights Granted to User Content
By providing any user content through the Service, you hereby grant Drsest a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, transferable and sublicensable license to use, copy, modify, create derivative works based on, publicly display, publicly perform and distribute your user content for the purpose of operating and providing services and content to you and other account holders.
You are solely responsible for all user content. You represent and warrant that you own all user content, or that you possess all rights necessary to grant us the user content license under these Terms. You also represent and warrant that your user content, your provision of user content through the Service, and our use of your user content through the Service will not infringe, misappropriate or violate any third party's intellectual property rights, publicity rights or privacy rights, nor will it result in any violation of applicable laws and regulations. All user content you provide through this Service will be considered non-confidential and non-proprietary information. We assume no responsibility for the removal or deletion (or failure to remove or delete) of any of your user content.
Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement agency or court order to disclose the identity or other information of any person who publishes any material through this Service. You waive any and all claims against Drsest and its affiliates, licensees, successors, and assigns arising out of or in connection with any actions taken by such party during or as a result of an investigation, and hold Drsest and its affiliates, licensees, successors, and assigns harmless.
Drsest Content Rights
Subject to your compliance with these Terms, Drsest grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to view and print content solely for your personal and non-commercial use, provided you are authorized to use the Service.
General Prohibitions
You may only use this Service for lawful purposes and must comply with these Terms. You agree not to use this Service for the following purposes:
To participate in or encourage any activity that constitutes a criminal offense, incurs civil liability, or otherwise violates any local, state, national, or international law or regulation (including, but not limited to, any law concerning the export of data or software to the United States or other countries);
To distribute, transmit, redistribute, or upload the following content or materials (including user content):
• Infringement, misappropriation, or violation of a third party's patent rights, copyrights, trademark rights, trade secrets, moral rights, or other intellectual property rights, or infringement of their image rights or privacy rights;
• Incomplete, incorrect, inaccurate, or not created by you;
• Containing any unsolicited advertising, promotional materials, or other forms of advertising. Soliciting information from other users, individuals, or entities;
• Including any address, email address, telephone number, or any contact information;
• Containing corrupted files, viruses, malware, or any harmful software;
• Content that is defamatory, disparaging, or otherwise illegal in nature, and is threatening, harassing, abusive, vulgar, obscene, offensive, explicit sexual content, hateful, profane, obscene, racially or ethnically discriminatory, or otherwise objectionable;
• Promoting discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• Or exhibiting violent tendencies, promoting violence, or engaging in conduct that threatens any individual or entity.
Impersonating any individual, business, or entity, including ourselves (our brands, business lines, subsidiaries, and affiliates) and our employees and agents;
Or engaging in or encouraging any conduct that, in our sole judgment, restricts, harms, or hinders other users from using or enjoying the service.
System Security
Violations of system or network security may result in civil or criminal liability. Drsest has the authority to investigate such incidents and may cooperate with law enforcement to bring lawsuits against users involved in such violations. You must not violate or attempt to violate the security provisions of the Service, and you agree not to engage in any of the following:
Use, display, mirror, or frame the Service or any individual element of the Service, the Drsest name, any Drsest trademarks, logos, or other proprietary information, or the layout and design of any page or form without Drsest express written consent;
Access, tamper with, or use non-public areas of the Service, Drsest computer systems, or the technical delivery systems of Drsest providers;
Avoid, bypass, remove, disable, damage, decrypt, or otherwise circumvent any technical measures implemented by Drsest or any of Drsest suppliers or any other third parties (including other users) to protect the Service or content;
Attempt to access or search the Service or content, or download content from the Service, using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, etc.) other than the software and/or search agents or other commonly used third-party web browsers provided by Drsest;
Access data that is not yours, or log in to Drsest without your authorization. Servers or accounts;
Attempting (or successfully) to probe, scan, or test vulnerabilities in a system or network, or to compromise security or authentication measures without proper authorization;
Attempting (or successfully) to interfere with, access without authorization, disrupt, or interfere with any part of the Service, or any website or Drsest network or network security, or to use the Service of any website to access any other computer system without authorization;
Not using the Service or Content or any part thereof for any commercial purpose or for the benefit of any third party, or in any way permitted by these Terms;
Forging any TCP/IP packet header or any packet header information in any email or newsgroup post, or using the Service or Content in any way to send tampered, deceptive, or false source identification information; or
Attempting to decrypt, decompile, disassemble, or reverse engineer any software used to provide the Service or Content.
Links to Third-Party Websites or Resources
This service may contain links to third-party websites or resources. We provide these links solely for user convenience and assume no responsibility for the content, products, or services of these websites or resources, or for the links displayed on these websites. You assume all responsibility and risk arising from your use of any third-party websites or resources.
Service Access and Account Security
We reserve the right to modify, suspend, or terminate the service and its content at any time at our sole discretion without notice. We may also impose rules and restrictions on the use of the service, or restrict your access to some or all of the service, without notice and without liability. You agree that we are not liable to you or any third party for any modification, suspension, or termination of the service or its content.
Termination
We may terminate your access to and use of the service at any time at our sole discretion without notice. You may cancel your account at any time by emailing aura@drsest.com. The following terms will remain in effect after the termination, suspension, or cancellation of the service or account: “Price,” “Payment,” “Cancellation and Return Policy,” “Errors, Inaccuracies, and Omissions,” “Order Cancellation,” “Privacy Policy,” “Feedback,” “Content and Content Rights,” “Content Ownership, Liability, and Removal,” “General Prohibitions,” “System Security,” “Third-Party Websites or Resource Links,” “Disclaimer,” “Indemnification,” “Limitation of Liability,” “Applicable Law,” “Dispute Resolution,” and “General Information.”
Disclaimer
Your use of the service and content and your purchase of products are entirely at your own risk. The service, content, and products are provided “as is” without any warranties of any kind. Without limiting the foregoing, Drsest hereby disclaims all warranties, express or implied, regarding the service, content, and products, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from the course of the transaction or trade practices. We do not guarantee that the service or products will meet your requirements, nor do we guarantee that the service will be provided uninterrupted, securely, or error-free. Drsest makes no warranties regarding the quality, accuracy, timeliness, authenticity, completeness, or reliability of any content, including but not limited to the availability and/or pricing of products sold through the Service. Any advice, results, information, or materials you receive through the Service, whether oral or written, shall not constitute any warranty other than those expressly provided in this Agreement. If you are dissatisfied with the Service, your sole remedy is to discontinue using the Service.
Indemnity
You agree to indemnify, hold harmless, and hold harmless Drsest and its affiliates, licensees, successors, assigns, and their respective directors, officers, employees, and agents from and against any claim, liability, damage, cost, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your access to and use of the Service; (ii) your User Content; or (iii) your breach of these Terms.
Limitation of Liability
Under no circumstances shall Drsest, its affiliates, licensees, successors and assigns, or any other party involved in the creation, production, or provision of the service or content, be liable to you for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue or anticipated profits, loss of business, loss of data or sales, or any other tangible or intangible damages of any kind, or the cost of service interruption or replacement services, whether such damages arise from or are related to these Terms, the Product, or the use or inability to use the Service. This liability shall be based on warranty, contract, tort (including, but not limited to, negligence), product liability, or any other legal theory, and regardless of whether Drsest or the party has been advised of the possibility of such damages, even if the limited remedies provided herein are found to fail to achieve their essential purpose.
In no event shall Drsest total liability arising out of or in connection with these Terms or the use or inability to use the Service or Website Content exceed the amount (if any) you have paid to Drsest within the twelve (12) months preceding the date of the event giving rise to liability, or, if you have no obligation to pay Drsest, one hundred US dollars ($100 USD).
If you encounter a problem with a product purchased through the Service, you agree that your sole remedy is to seek a return and refund in accordance with our Refund Policy.
The exclusion and limitation of damages described above are fundamental elements of the basis of the transaction between Drsest and you.
Some jurisdictions do not allow the exclusion or limitation of liability, and therefore the above limitations may not apply to you.
Restricted Countries
Due to international regulations and compliance requirements, we do not accept orders or process payments from the following countries: Democratic People's Republic of Korea (DPRK), Democratic Republic of Congo, Iran, Libya, Republic of Cuba, Russia, Somalia, South Sudan, Sudan, Syria, Ukraine, and Yemen. Any orders from these countries will be automatically cancelled, and payment (if any) will be refunded in accordance with our refund policy.
Applicable Law
These Terms and any actions relating thereto shall be governed by the laws of Hong Kong, without regard to its conflict of laws provisions.
Dispute Resolution
You agree that any dispute between you and Drsest shall be settled in accordance with the arbitration procedure described below.
Informal Dispute Resolution
We hope to resolve your issues without initiating formal legal proceedings. If any dispute, claim, or controversy arises from these Terms or their breach, termination, enforcement, interpretation, or effect, or from the use of the Service or Content (collectively, the “Dispute”), you and Drsest agree to first attempt to resolve the dispute informally. Specifically, this involves sending a notice clearly marked “Dispute Notice” to the other party, containing a brief written statement stating the name, address, and contact details of the party issuing the notice, the facts giving rise to the dispute, and the remedy requested. You must send any such notice to Drsest at aura@drsest.com. We will contact you at the email address you specify in any such notice or at the email address of your account that we have archived. You and Drsest agree to use reasonable efforts to resolve any dispute through negotiation and good faith within thirty (30) days of submitting such notice. If the dispute is not resolved within thirty (30) days of submission, you or Drsest may resort to the other alternatives described in this section.
Arbitration Agreement
If any dispute is not resolved through the above informal discussions within thirty (30) days, you and Drsest agree to resolve the dispute through final and binding arbitration.
Withdrawal from Arbitration Agreement
You may withdraw from this Arbitration Agreement within thirty (30) days from the date of your first use of any website by sending an email to aura@drsest.com stating that you refuse to accept this Arbitration Agreement. If you have an account on any website, the withdrawal notice must include the email address of that account that we have archived.
Arbitration Proceedings
The Hong Kong Arbitration Association will conduct the arbitration in accordance with its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes. Unless otherwise agreed in writing by you and Drsest, the arbitration will be conducted in Hong Kong, where you reside or work.
If your or Drsest claim does not exceed US$10,000 and does not include any equitable relief claim, the arbitration will proceed solely based on the documents you and Drsest submit to the arbitrator, unless the claimant requests a hearing or the arbitrator deems a hearing necessary. If your or Drsest claim exceeds US$10,000, the entitlement to a hearing will be determined in accordance with the rules of the Hong Kong Arbitration Association.
For claims under US$75,000, Drsest will pay all filing and arbitration costs unless the arbitrator determines that the claim is unjustified or for an improper purpose. You will be responsible for other costs that may arise during the arbitration process, including but not limited to attorneys' fees and expert witness fees, unless otherwise required by applicable law for Drsest to pay such costs. For claims exceeding US$75,000, the payment of filing and arbitration costs will be governed by the rules of the Hong Kong Arbitration Association. You and Drsest agree not to seek attorneys' fees and costs in the arbitration unless the arbitrator determines that the claim is unjustified or for an improper purpose.
No Class Action
You agree to resolve disputes with us individually only and not to initiate or participate in any so-called class action, consolidated action, or representative action as the plaintiff. Furthermore, unless otherwise agreed in writing by you and Drsest, the arbitrator may not consolidate claims from more than one person, nor preside over any form of class action, consolidated action, or representative action in any other manner.
Dispute Resolution Forum
If any court or arbitrator finds the exemptions from class action, consolidated action, or derivative suits provided in this section invalid or unenforceable for any reason, or finds that arbitration may be conducted by class action, consolidated action, or derivative suit, then the dispute shall not be subject to arbitration and, except for small claims suits, must be brought before the appropriate court in Hong Kong. You and Drsest agree to submit to the jurisdiction of that court. We both agree to waive the right to a jury trial.
Any claim or action that you may bring with respect to Drsest, these Terms, Content, Services, or any Products must be brought within one (1) year after the occurrence of the cause of claim or action.
General Information
These Terms constitute the entire agreement between you and Drsest, binding on your use of the Services and superseding any prior agreements between you and Drsest. You may also be subject to additional terms and conditions applicable to certain parts of the Services. You may not assign or transfer these Terms in any way (including, without limitation, as required by law) without Drsest prior written consent. Any attempt to assign or transfer without Drsest consent shall be void. Drsest may freely assign or transfer these Terms without restriction. Without prejudice to the foregoing, these Terms shall be binding on and favorable to both parties and their successors and authorized assigns. The section headings in these Terms are for convenience only and have no legal or contractual effect.
You agree that there is no joint venture, partnership, employment, or agency relationship between Drsest and you as a result of these Terms or your use of the Services.
Drsest failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision of these Terms shall not affect the validity of the remaining parts of these Terms that are deemed enforceable by a court under applicable law.
If you have any questions about these Terms or the Services, please contact us at aura@drsest.com.