About These Terms
These Terms of Service ("Terms") govern access to the FocusLatex website and the purchase of products and services from FocusLatex. The website and store are operated by JIUXIAN TRADING CO., LIMITED (九闲商贸有限公司) ("FocusLatex", "we", "us" or "our").
Business address: Room D07, 8/F, Kai Tak Factory Building, Stage II, 99 King Fuk Street, San Po Kong, Hong Kong
Customer service: support@focuslatex.com
By accessing the website, creating an account or placing an order, you agree to these Terms. If you place an order on behalf of a company or another person, you confirm that you have authority to bind that company or person.
These Terms must be read with the product page, order acceptance email, any written quotation or custom-order specification, and our Privacy & Cookie Policy, Shipping Policy, and Return, Refund & Cancellation Policy. Those documents form part of the agreement where relevant.
Nothing in these Terms excludes or limits a mandatory consumer right that cannot lawfully be excluded or limited.
Eligibility and Age Requirements
You must be at least 18 years old and have the legal capacity to enter into a binding contract to create an account or place an order. Orders may be placed only by an account holder aged 18 or over. A person under 18 must not create or use an account, place an order, or ask another person to misrepresent the identity or age of the actual account user.
By creating an account, placing an order or submitting custom-order material, you represent that you are at least 18 years old. We may request proportionate evidence of age where reasonably necessary. If an account holder does not satisfy this requirement, we may suspend the account, refuse an unaccepted order, or cancel and refund an affected order where required by law.
Hoods, masks and other special products that may restrict breathing, vision or movement are also only for purchase and use by adults aged 18 or over. Reference images containing nudity, sexual content or intimate body areas may be submitted only by an adult account holder aged 18 or over through a channel approved by FocusLatex.
We may refuse or cancel an order before acceptance if we reasonably believe that an age requirement has not been met. We may request proportionate evidence of age where reasonably necessary, subject to our Privacy & Cookie Policy.
Accounts and Account Security
You may check out as a guest or create an account. Information you provide must be accurate, current and complete. You are responsible for protecting your password and for activity conducted through your account, except to the extent caused by our failure to use reasonable security.
Contact us promptly if you suspect unauthorised use. We may suspend access while investigating fraud, security threats, unlawful activity or a material breach of these Terms.
Products and Product Information
We sell ready-to-ship products, standard-size made-to-order products, made-to-measure products and fully custom designs. The applicable category, materials, options, production information and any special restriction should be stated on the relevant product page or written quotation.
We take reasonable care to describe products accurately. However:
- screens, lighting and material batches may cause minor colour differences;
- handmade production may result in reasonable differences in dimensions, seams, joins, finish or placement;
- natural latex may have a characteristic odour, packaging creases, minor surface or glue residue, talc residue, internal production markings, or other characteristics described in our Return, Refund & Cancellation Policy; and
- photographs, styling accessories and models are illustrative unless expressly included in the product description.
Reasonable differences that do not materially affect function, structural integrity or overall appearance are not, by themselves, a failure to conform. This does not limit rights relating to goods that are faulty, materially not as described or otherwise non-conforming under applicable law.
Prices, Currency and Taxes
Prices are primarily displayed and charged in United States dollars (USD), unless checkout expressly states another settlement currency. If your payment provider converts currency, it may apply its own rate and fees, for which we are not responsible.
Unless expressly stated at checkout, displayed prices exclude sales tax, VAT, GST, customs duty, import tax, brokerage, clearance and similar charges. Any tax collected by us at checkout will be shown separately or stated as included. Charges imposed by a government, carrier, customs broker or payment provider after checkout remain subject to our Shipping Policy and applicable law.
We may change prices before an order is accepted. Price changes do not apply retroactively to an already accepted order unless you agree or the change is required by law.
Placing an Order and Contract Formation
Product listings are invitations to place an order, not binding offers by us. When you submit an order:
- you offer to purchase the selected product under these Terms;
- we may send an automated order acknowledgement or payment receipt, which confirms receipt only and is not acceptance; and
- a binding contract is formed only when we send a separate order acceptance email.
We charge the full amount when you place the order, before acceptance. If we do not accept the order, we will cancel it and submit the approved refund to the original payment method within the period stated in our Return, Refund & Cancellation Policy. Your bank or payment provider may require additional time to post the funds.
We may refuse an order before acceptance for legitimate reasons, including unavailability, inability to manufacture, an obvious pricing or description error, payment failure, suspected fraud, age or destination restrictions, unlawful or infringing content, an unsafe specification, or a material inconsistency requiring clarification.
If an obvious error, shortage or production issue is found before acceptance, we may cancel and refund the order or invite you to confirm corrected terms. We will not substitute materially different products or increase the price without your agreement.
Payment
We may offer credit card, PayPal, Antom or other payment methods shown at checkout. Payment is subject to the provider's terms, security checks and authorisation. You represent that you are authorised to use the selected method.
We may delay acceptance or performance while a payment, fraud or identity check is pending. If payment is reversed, disputed without proper basis or later found unauthorised, we may suspend the account, pause performance and exercise lawful recovery rights.
Nothing in these Terms prevents a consumer from using a lawful card, payment-service or statutory dispute process. We encourage you to contact support@focuslatex.com first so that we can investigate promptly.
Made-to-Order and Custom Orders
The production period for a made-to-order or custom item begins only after full payment has cleared and all measurements, designs, colours, configurations and other required details have been confirmed.
You are responsible for reviewing and approving information you provide. If information is incomplete or inconsistent, we may pause the order and request clarification. A requested change after confirmation is subject to feasibility, additional charges and a revised schedule. We do not promise that a change can be accepted after production begins.
Production estimates are stated on the product page, quotation or confirmation. They are estimates unless we expressly agree to a guaranteed date in writing. Expedited production is a best-efforts priority service and does not guarantee a fixed completion date. If we fail to provide an expressly purchased expedited service for reasons within our control, the expedited service fee will be refunded and we will provide a revised estimate; the underlying order otherwise continues unless applicable law provides otherwise.
Cancellation, return, alteration and remedy rules are set out in our Return, Refund & Cancellation Policy.
Customer Measurements, Designs and Other Content
You retain ownership of original content that you lawfully own and submit to us. You grant us a limited, non-exclusive licence to access, reproduce, adapt and communicate that content only as reasonably necessary to quote, design, manufacture, deliver and support the order, prevent fraud, resolve disputes and comply with law.
You represent that:
- your submitted measurements, specifications and instructions are accurate;
- you own or have permission to use all submitted artwork, photographs, logos, characters, trademarks and designs;
- the content does not infringe intellectual-property, privacy, publicity or other rights;
- every identifiable person in a submitted image has lawfully consented; and
- the content is not illegal and does not involve or exploit a minor.
We may request evidence of permission and may refuse content that is unlawful, infringing, unsafe, technically impracticable, involves a minor, or creates unreasonable legal or reputational risk.
We will not publish customer reviews, wearing photographs, videos or private reference images for marketing, social media or portfolio purposes without separate, specific permission. Any such permission should state the approved content and use and may be withdrawn for future uses, subject to law and materials already lawfully produced.
Intellectual Property
The website and its text, product photographs, graphics, logos, software, layout and other content are owned by or licensed to FocusLatex and are protected by applicable intellectual-property laws. You may use the website for lawful personal shopping or authorised business purchasing. You may not copy, scrape, republish, sell, reverse engineer, remove rights notices or commercially exploit website content without permission, except where law allows.
Purchasing a custom product transfers ownership of the physical item, not ownership of FocusLatex's pre-existing or independently developed patterns, templates, construction methods, know-how, tooling or production processes. Unless a separate signed agreement states otherwise, we may reuse general ideas, techniques and non-protected design elements, but we will not knowingly reproduce customer-owned original artwork in violation of the customer's rights.
An assignment, exclusive design right or restriction on reuse is effective only if stated in a separate written agreement signed or expressly accepted by us, and may require an additional fee.
Prohibited Use of the Website
You must not use the website to:
- break any law or infringe another person's rights;
- submit false, misleading, fraudulent or harmful information;
- upload malware or interfere with website, payment or security systems;
- harvest personal data, scrape content at scale or bypass access controls;
- impersonate another person or misrepresent authority;
- make abusive, threatening or discriminatory communications;
- facilitate exploitation or sexualisation of a minor; or
- use automated purchasing or other methods that unreasonably disrupt service.
We may preserve and disclose relevant evidence where legally required or reasonably necessary to protect rights, safety and systems, in accordance with our Privacy & Cookie Policy.
Product Safety and Latex Warnings
FocusLatex products are clothing, styling, performance or personal entertainment products. They are not medical devices, respiratory protection, personal protective equipment, safety equipment or life-support products unless a product page expressly states otherwise and identifies the applicable certification.
Natural latex can cause allergic or skin reactions. Before purchase and use, assess your own health needs, review material information and perform an appropriate small-area test. Do not use a product if you know or suspect that you are allergic to latex. Stop use immediately and seek appropriate medical assistance if breathing difficulty, swelling, dizziness, severe irritation, numbness, circulation problems or another concerning symptom occurs.
Use the correct size and follow product-specific care and safety instructions. Keep latex away from excessive heat, sunlight, flame, sharp objects, oils and incompatible chemicals. Products must not be used in a way that blocks circulation, breathing or emergency release.
12.1 Hoods and other movement-, vision- or breathing-sensitive products
These products are only for adults aged 18 or over. When using one:
- never use it alone; a sober, alert adult assistant must remain physically present;
- keep all airways and breathing openings unobstructed at all times;
- maintain an immediate release method and remove the product at the first sign of distress;
- do not use it while sleeping, driving, operating equipment, under the influence of alcohol or recreational drugs, or impaired by medication;
- do not rely on it for restraint, medical, protective or life-support purposes; and
- inspect it before each use and stop using it if damaged or if safe communication and release cannot be maintained.
No written warning makes an unsafe use safe. We may reject a custom specification that we reasonably consider unsafe or incapable of safe manufacture.
Shipping, Delivery and Risk
Manufacturing and initial fulfilment take place in Nanjing, Jiangsu, People's Republic of China. Shipping methods, estimated transit times, tracking, duties, delivery failure, address changes, loss, damage, delay, force majeure and split shipments are governed by our Shipping Policy.
Delivery estimates are not guaranteed unless expressly stated in writing. Legal title and risk pass at the time required by applicable law; these Terms do not shift risk to a consumer earlier than the law permits.
Cancellations, Returns, Repairs and Refunds
For a valid statutory withdrawal governed by Spanish law, the applicable 14-calendar-day reimbursement rule takes priority over the voluntary 25-business-day refund period. See our Return, Refund & Cancellation Policy for the notice procedure, eligible products, exceptions and lawful withholding conditions.
Our Return, Refund & Cancellation Policy explains the 24-hour cancellation arrangements, custom and hygiene-sensitive product restrictions, defect reporting, inspection, repair, remake, statutory withdrawal rights and refund timing.
Any exclusion for personalised, sealed hygiene-sensitive or made-to-specification goods applies only where the legal conditions for that exclusion are actually satisfied. Goods that are merely manufactured after an order, but are not genuinely personalised or made to the customer's specifications, may remain subject to mandatory withdrawal rights in some countries.
Nothing in these Terms or the related policy removes rights for goods that are faulty, materially not as described, unsafe, or otherwise non-conforming where those rights cannot be waived.
Commercial, Wholesale and Resale Orders
We accept orders from consumers and business customers. If you purchase wholly or mainly for trade, business, craft, professional, wholesale or resale purposes, consumer-only rights may not apply to that order.
Large, wholesale or special commercial orders require a separate written quotation or agreement. If a specifically negotiated written term conflicts with these Terms, the specifically negotiated term controls for that commercial order. All other provisions continue to apply.
Resale does not make you an agent, distributor or representative of FocusLatex. Without written authorisation, you must not claim to be an official or authorised reseller, register or alter our brand, remove or modify brand or safety information, make unauthorised product claims, or bind us to obligations.
Promotions and Discount Codes
Promotions and codes are subject to their stated period, eligibility and exclusions. Unless expressly allowed, they have no cash value, cannot be combined or transferred, and cannot be applied retroactively. We may refuse a promotion obtained through fraud, technical abuse or a clear error, but will not withdraw a valid promotion from an already accepted consumer order contrary to law.
Website Availability and Third-Party Services
We aim to keep the website available and accurate but do not guarantee uninterrupted or error-free access. We may maintain, update or suspend website functions. Links and integrations operated by third parties are governed by their own terms and privacy notices. We are not responsible for independent third-party services except to the extent applicable law provides otherwise.
Suspension, Refusal and Termination
We may suspend an account, refuse an unaccepted order, restrict website access or preserve relevant evidence where we reasonably suspect fraud, unlawful conduct, security abuse, chargeback abuse, an age violation, intellectual-property infringement, unsafe use or another material breach.
If, after a contract has formed, your material breach makes lawful performance impossible, unsafe or unlawful, we may terminate the affected contract by notice. Where production of a custom item has begun, the order is generally non-refundable, subject always to mandatory law. Any amount retained must not exceed what applicable law permits, taking account where required of completed work, non-recoverable commitments, actual loss and costs saved by termination.
Termination does not affect accrued rights, payment obligations or provisions intended to survive, including intellectual property, liability, dispute and record-retention clauses.
No Additional Commercial Warranty
Except for an express written warranty on a product page, we do not provide an additional voluntary commercial warranty. This statement does not limit any statutory guarantee, conformity right or remedy that applies to you.
To the extent permitted by law, the website is provided on an "as available" basis, and implied terms relating solely to website availability are excluded. No disclaimer applies where exclusion is prohibited.
Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including, where applicable, liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, gross negligence, defective products, or breach of mandatory consumer rights.
Subject to the paragraph above and to the maximum extent permitted by law:
- we are not liable for indirect, incidental, special or consequential loss, or loss of profit, revenue, business opportunity or data, that was not reasonably foreseeable when the contract was formed; and
- our total aggregate liability arising from an order will not exceed the amount actually paid to us for the product or order giving rise to the claim.
The limitation does not reduce a refund, repair, replacement, remake or other remedy that applicable consumer law requires. Business customers acknowledge that commercial risks should be addressed in their separate written agreement and insurance arrangements.
Responsibility for Customer Breach
If your unlawful content, infringement, fraud or material breach directly causes us a reasonably foreseeable loss or a third-party claim, you are responsible for that loss to the extent permitted by law. For consumers, this clause applies only to losses caused by conduct for which the consumer is legally responsible and does not impose disproportionate costs or remove a legal defence.
Business customers will indemnify us against third-party claims and reasonable losses arising from their unauthorised content, false authority, unlawful resale conduct or material breach, except to the extent caused by our own breach, negligence or unlawful conduct.
Events Beyond Reasonable Control
We are not responsible for delay caused by an event beyond our reasonable control, such as war, civil unrest, epidemic, natural disaster, fire, major infrastructure or carrier failure, customs shutdown, government action, sanctions, labour disruption or widespread cyber incident, provided that we take reasonable steps to limit the effect and resume performance.
We will notify you where practicable. If transport disruption continues for more than 90 days, completed products may be stored without additional storage charge until transport resumes, as described in our Shipping Policy. This does not remove a cancellation, refund or other remedy that mandatory law requires, and we will discuss a lawful alternative if performance becomes impossible or excessively delayed.
Changes to These Terms
We may update these Terms for future use of the website and future orders. The updated version takes effect on the stated effective date. A change will not materially alter an already accepted order without your agreement unless required by law or necessary to address an immediate security or safety risk.
Notices and Electronic Communications
You agree that order and legal communications may be provided electronically to the email address or account details you supply, where law permits. You are responsible for keeping them current. Notices to us should be sent to support@focuslatex.com unless a policy states another method.
Governing Law and Disputes
These terms and any separate agreements under which FocusLatex provides products or services, and any related non-contractual dispute, are governed by and construed in accordance with the laws of Spain. Please first contact support@focuslatex.com so that we can attempt to resolve a dispute in good faith.
Subject to mandatory law, the courts of Spain have jurisdiction. This choice does not deprive consumers of mandatory protections, non-waivable rights to bring proceedings in their country of habitual residence, access to applicable alternative dispute resolution, or the right to complain to a competent regulator.
General Provisions
If a provision is found invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions continue. A delay in enforcing a right is not a waiver. You may not transfer an order or these Terms without our consent, but we may transfer our rights and obligations as part of a genuine business transfer if this does not reduce mandatory consumer protections.
A separately negotiated written agreement, together with these Terms and the incorporated documents, is the entire agreement about the relevant order. Headings are for convenience. The English version is the version intended for publication; any translation is for convenience unless local law requires otherwise.
Contact Us
JIUXIAN TRADING CO., LIMITED (九闲商贸有限公司)
Trading as FocusLatex
Room D07, 8/F, Kai Tak Factory Building, Stage II
99 King Fuk Street, San Po Kong, Hong Kong
Email: support@focuslatex.com