Seller
Application Agreement
Version
effective date December 31, 2021
Tips clause
You are welcome to sign this "YOOX Seller Service Agreement"
(hereinafter referred to as "Agreement") with the YOOX seller service
provider (see the definition and terms for details) and use the YOOX seller service!
Before you use YOOX seller service (hereinafter referred to
as "this service"), you should read and agree to abide by this
agreement, which includes the text and attachments of the agreement, the
"Consumer Protection Service Agreement" and all the relevant rules
of YOOX (hereinafter referred to as "the service"). See Definitions
for details).
This agreement is a split and revised version of the "YOOX Platform
Service Agreement". From the date of publication of this agreement, the
"YOOX Network Platform Service Agreement" referred to in various places
on the YOOX website refers to the relevant content of the YOOX website sellers
in this agreement.
The index keywords listed in the front of each terms of service are
only used to help you understand the subject matter expressed by the terms, and
do not affect or limit the meaning or interpretation of the terms of this
agreement. In order to protect your own rights and interests, it is recommended
that you carefully read the specific expressions of each clause.
[Read carefully] Before you click to agree to this agreement in the
process of creating a store, you should carefully read the entire contents of
this agreement (especially the terms of exemption or limitation of liability,
termination of the agreement, liability for breach of contract, dispute
resolution, etc.) ). If you have any questions about the agreement, you can consult
the customer service of YOOX, and YOOX will explain
the terms and conditions to you.
[Signing action] When you click to sign this agreement online, it means
that you have fully read, understood and accepted the entire contents of this
agreement, and this agreement will be legally binding between you and YOOX.
If you do not agree with any content of this agreement or cannot accurately
understand the meaning and interpretation of the terms, please stop the process
of creating a store or stop the store business activities immediately.
1. Definition
YOOX: refers to the e-commerce platform
website provided by YOOX with Internet information services and related software and technical
support (the website is YOOX may modify it from time to time
according to business needs, including computer or mobile Device Internet URL,
etc.) and client (such as mobile APP, etc.).
Seller: refers to the legal entity that operates goods or services
on YOOX, and may also be referred to as "you" in this
agreement.
Consumer: refers to any natural person or organization that purchases
goods or services on YOOX and uses the purchased goods or services for consumption, also known as
"buyers".
YOOX.com seller service provider: including YOOX Network Co.,
Ltd., which may be individually or collectively referred to as "YOOX"
in this agreement.
Seller services: refers to the Internet information services and
related software services provided by YOOX to sellers on YOOX, of
which Internet information services are provided by YOOX Network Co.,
Ltd. and related software services are provided by YOOX Software Co.,
Ltd. . The services under this agreement are provided and terminated at the
same time, and the seller may not order or use them separately.
Rules: Refers to all the rules, implementation rules, interpretations,
product process descriptions, announcements, etc. that have been published and
subsequently published in all YOOX rules channels, forums, help centers
and other sections.
The same user: If the same identity authentication information is used
or the actual controller of multiple accounts is determined by YOOX to be the same
person, they are all regarded as the same user.
2. Scope and validity of the agreement
2.1 [Scope of the agreement] The content of this agreement includes the
main body of the agreement and its attachments, the "Consumer Protection
Service Agreement" and all relevant rules that YOOX has released or
subsequently released and notified you in accordance with the law. The relevant
rules of YOOX are an integral part of this agreement and have the same legal effect
as the text of this agreement. If you use YOOX seller service,
it is deemed that you agree to all the contents of this agreement. Unless
otherwise stated or signed an agreement, any expansion of service scope or
enhancement of software functions based on the purpose of improving consumer
and seller experience, platform service upgrades, etc., are bound by this
agreement.
2.2 [Agreement Validity] When you click and sign this agreement online,
it means that you have fully read, understood and accepted the entire content
of this agreement, and this agreement will be legally binding between you
and YOOX. Any content of the agreement, or unable to accurately
understand the meaning of the terms or YOOX's interpretation of the
terms, you should immediately end the store creation process or stop the store
business activities.
This Agreement is a supplementary agreement to the "YOOX Platform
Service Agreement". For the content not stipulated in this Agreement, the
" Platform Service Agreement" shall prevail; if this agreement is
inconsistent with the " Asia Platform Service Agreement", this
Agreement shall be regarded as the allow.
3. Seller services and specifications
3.1 Account use and information submission
3.1.1 [Account usage] You must use the YOOX platform
account to log in to YOOX in the process of using the seller's services, and you should keep the
account and password information properly. Since your account is associated
with your personal information and YOOX business information, your account is
limited to your own use. Without the consent of YOOX, your act of
directly or indirectly authorizing a third party to use your YOOX account or
obtain information under your account is invalid. Except for the fault of YOOX,
you shall be responsible for all behavior results under your account (such as
signing agreements online, publishing and disclosing information, etc.), and
behaviors completed through your account are deemed your own behavior or have
been fully authorized by you. If YOOX judges that the use of your account may
endanger your account security and/or the information security of the YOOX platform
according to the default determination procedures and standards agreed in
the YOOX rules, YOOX may refuse to provide corresponding services or terminate this
agreement.
3.1.2 [Information submission] If you want to use the services under
this agreement, you must submit relevant information and supporting documents
in accordance with relevant laws and regulations, relevant rules of YOOX,
and page prompts. You understand and agree that you are obliged to ensure that
the information and materials you provide are true, legal, accurate and valid,
and must be updated in a timely manner if there is any change. Based on
relevant laws and regulations, platform management and other requirements, you
agree that YOOX may conduct random checks on the information and supporting documents
you submit and require you to submit more information or supporting documents
for the aforementioned purposes. You understand and agree that YOOX only reviews
applications for seller information, certification documents, store creation,
and category publishing authority at the general level of public awareness. No
liability for losses.
3.2 Store Management
3.2.1 [Store Creation] By creating a store on YOOX, you can
publish new or second-hand goods and/or service information and conclude
transactions with other users. Based on the management needs of YOOX,
you understand and agree that the same user can only open one store on YOOX,
and YOOX can close other stores you open on YOOX at the same
time, unless otherwise stipulated in the relevant rules of YOOX .
3.2.2 [Change of the store operator] Due to the inseparability of the
store and the account, the change of the store operator is essentially the
transfer of the store operator's account. The relevant requirements and
restrictions on the change of the store operator shall apply to Article 3.2 of
the "YOOX Platform Service Agreement" Account transfer terms, that is,
because the store is related to the business information of you and YOOX and may involve
the interests of consumers, only when there are legal provisions, judicial
rulings or the consent of YOOX, and the change of the store
operator in compliance with the rules of YOOX In the case of
conditions and procedures, you can change the main body of the store
management. Once the business entity of your store is successfully changed, the
rights and obligations under your account will be transferred together. In
addition, your store/account shall not be transferred in any way,
otherwise YOOX may terminate the provision of services to the account and shall have
the right to pursue your liability for breach of contract, and you shall bear
all the responsibilities and consequences arising therefrom.
3.2.3 [Store Closure] If you temporarily close your store by removing
all products from the shelves, you shall continue to undertake transactions
such as delivery, return and replacement, warranty maintenance, and handling of
rights protection complaints for the transactions concluded before your store
is closed. Guarantee responsibility.
If your store has no products on sale for a certain period of
time, YOOX can also close your store according to the rules of YOOX.com.
Closing the store according to the above agreement will not affect your
accumulated credit.
3.3 Sale and promotion of goods and/or services
3.3.1 [Commodity and/or service information release] Through the
services provided by YOOX, you have the right to publish commodity
and/or service information, solicit and search for transaction objects, Make a
deal. You declare and warrant that you have the corresponding and legal rights
to the information you publish, that the information you publish and the
actions you perform comply with relevant laws and regulations, national
mandatory standards and the stipulations of this agreement, and you are
responsible for the management of the store Obligation, the information in your
store that violates the relevant national laws and regulations and this
agreement should be deleted immediately, otherwise, YOOX can delete or
block the information you publish in accordance with the law or this agreement.
3.3.2 [Prohibited Information] You should ensure that the information
you publish does not contain the following:
(1) Violating the prohibitive provisions of national laws and
regulations;
(2) Political propaganda, feudal superstition, obscenity, pornography,
gambling, violence, terror or abetting crime;
(3) Fraudulent, false, inaccurate or misleading;
(4) Infringing the intellectual property rights of others or involving
the trade secrets and other proprietary rights of third parties;
(5) Insulting, slandering, intimidating, involving others' privacy,
etc., infringing upon the legitimate rights and interests of others;
(6) There are viruses, Trojan horses, crawlers and other malicious
software and program codes that may damage, tamper, delete, or affect the
normal operation of any system of YOOX.com or obtain the data and
personal information of YOOX.com and other users secretly without
authorization;
(7) Other violations of social and public interests or public morals,
or inappropriate for publishing on YOOX.com according to the
provisions of relevant YOOX.com agreements and rules.
3.3.3 [Scope of Prohibited Sales] You should ensure that you have the
corresponding rights to the goods and/or services you publish on YOOX Online. You are
not allowed to sell the following goods and/or provide the following services
on YOOX Online:
(1) Prohibited or restricted by the state;
(2) Infringing the intellectual property rights or other legitimate
rights and interests of others;
(3) It is clearly stated in the rules, announcements, notices or
agreements signed by each platform with you that it is not suitable for sale
and/or provision on YOOX.com.
Based on the Internet-related characteristics, you understand and know
that the products you publish on YOOX.com may be viewed and
purchased by consumers in different countries and regions around the world. If
you do not expressly instruct to sell only to mainland China, YOOX will not
intervene in the possible cross-border sales. In this case, you must pay careful
attention to the relevant laws, taxation and other regulations of relevant
countries and regions, and ensure that you have the legal rights and
qualifications to sell, and will not infringe on the intellectual property
rights or other legitimate rights and interests of others.
3.3.4 [Display, Marketing and Promotion] YOOX will display
the goods and/or services you sell through YOOX, and provide users
with functions such as information classification, keyword retrieval, screening
and collection to better match users The corresponding display results may be
comprehensively determined by various factors such as price, sales, inventory,
credit evaluation, brand, service level, compliance operation, user demand
preferences and retrieval habits, competitiveness and other factors.
You have the right to decide on your own how to market and promote
products and/or services. YOOX also provides you with a variety of
marketing and promotion tools, and will launch marketing activities from time
to time according to market demand and sellers’ business
conditions. Before you sign up for the above activities, you have fully
understood that the qualifications and effects of the activities may be
affected by factors such as activity positioning, product/store
competitiveness, comprehensive ranking, and activity cooperation. Once you
choose to register, it means that you promise that you will always Comply with
the relevant rules and requirements of the corresponding activities. Without
the consent of YOOX, you promise not to withdraw during the event,
and jointly ensure a good user experience and the stable and orderly
development of the event.
3.3.5 [Transaction Order Guarantee] You should abide by the principle
of good faith and ensure that the information on the goods and/or services you
publish is true, consistent with the goods you actually sell and/or the
services you provide, and fulfill the actual performance during the
transaction. Your deal promise.
You shall maintain the order of healthy competition in the YOOX network market,
and shall not belittle or slander competitors, shall not interfere with any
transactions and activities conducted on YOOX network, shall
not promote or attempt to improve your own credit in any improper way, and shall
not interfere or slander in any way. Attempt to interfere with the normal
operation of YOOX.
3.3.6 [Paying Taxes According to Law] It is the obligation of every
citizen and enterprise to pay taxes according to law. You should declare and
pay taxes to the tax authorities in full and in time for the part of
sales/turnover exceeding the statutory exemption amount.
3.4 Consumer Protection
[Subject of Responsibility] You understand and agree that, as the
subject of consumer protection responsibility, you shall perform various
consumer protection obligations, including basic consumer protection, in
accordance with relevant laws and regulations, the "Consumer Protection
Service Agreement" and the relevant rules of YOOX For services
such as truthful description of goods, 7-day unreasonable return, contract
performance of special transactions, payment of security deposit, etc., the
specific provisions of the "Consumer Protection Service Agreement"
and the relevant rules of YOOX shall prevail.
3.5 Transaction Dispute Handling
[Transaction Dispute Resolution Approach] If you have a dispute with
other users in the process of trading on YOOX, you or any of the
other users have the right to choose the following ways to resolve:
(1) Independently negotiate with the counterparty to the dispute;
(2) Use the dispute mediation services provided by YOOX;
(3) Request mediation by a consumer association or other mediation
organization established according to law;
(4) Complain to the relevant aYOOXinistrative department;
(5) submit it to an arbitration institution for arbitration according
to the arbitration agreement (if any) reached with the opposite party to the
dispute;
(6) File a lawsuit with the people's court.
[Platform mediation service] If you use the dispute mediation service
of YOOX in accordance with the rules of YOOX, it means that you
recognize and are willing to perform the customer service of YOOX or the public
reviewer ("Recipe Adjustment") as an independent third party
according to its rules and regulations. The facts of the dispute learned and
the mediation decision made in accordance with the rules of YOOX (including
adjusting the transaction status of the relevant order, determining that all or
part of the disputed amount should be paid to one or both parties to the
transaction, etc.). Before the mediation decision of YOOX.com, you
can choose the above (3), (4), (5), (6) channels (hereinafter referred to as
"other dispute resolution channels") to resolve the dispute to
suspend the dispute mediation service of YOOX.com .
If you are not satisfied with the mediation decision, you still have
the right to use other dispute resolution channels to resolve the dispute, but
you should still perform the mediation decision before obtaining a final
decision through other dispute resolution channels.
3.6 Data use and information authorization, etc.
3.6.1 [General requirements] For the data you generate during the use
of this service, YOOX respects and protects the data rights of you and other relevant
subjects in accordance with the law. On this premise, the rights related to the
data collected and recorded by YOOX during the use of this service and
other operations of YOOX belong to YOOX, and are the trade secret of YOOX,
without YOOX's prior notice. You agree in writing that you shall
not use the aforementioned data for purposes other than those agreed in this
agreement or provide the aforementioned data to others in any form.
3.6.2 [Trade secrets] YOOX.com respects and protects the
seller's trade secret information such as the seller's store transaction
volume, the transaction volume of a certain category or a single product. In
order to promote the seller's store or its products, YOOX may publicize
the total transaction volume of your store's activities, the transaction volume
of a certain category or a single product during your participation in the
official market activities held by YOOX.com, and may also use the
above information as Promotion and use.
3.6.3 [Authorized use] To the extent permitted by law, for the purpose
of promoting related products and/or related brands, you agree to grant YOOX free of charge
to the various types of products that YOOX can announce to you in your store on
the relevant display and promotion pages of YOOX.com Information
(including product trademarks, logos, text, pictures, etc.) are copied (such
asSimultaneous display on multiple clients), modification (such as fine-tuning
to adapt to the mobile visual experience), adaptation (such as adding design elements
of the overall platform activity), translation (such as translation to meet the
browsing needs of overseas users), and sublicensable third The third party's
right to use the above purpose and method.
3.6.4 [Data usage] All official products, technologies, software,
programs, data and other information (including text, icons, pictures, photos,
audio, video, charts, color combinations, layout designs, etc.) The rights
(including copyrights, trademarks, patents, trade secrets and other related
rights) are owned by YOOX and its affiliates. Except for the data that you have the right to use
commercially in accordance with relevant laws, you agree not to make commercial
use of any other data on YOOX Online, including but not limited to
copying, disseminating or Disclose to other parties and use any information
displayed by other users on the YOOX website.
3.6.5 [Information Disclosure] To the extent permitted by law, for
example, consumers and rights holders apply to YOOX for the
name/name of your store's business entity, based on the reasonable need to
protect their rights by complaining to the relevant authorities or suing the
court. ID number, address and contact information, you agree that YOOX may disclose
the aforementioned information to it.
3.6.6 [Personal information protection] You must strictly abide by the
requirements of relevant laws on network security and data protection. Among
them, if the information you collect, use and share in the process of store
operation involves the personal information of users of the YOOX platform, you
must comply with the legal requirements. , justifiable, and necessary, and must
not violate the provisions of relevant laws and the agreement between you and
the user, including: without the user’s other authorization, you should use the user’s order information and other necessary
transaction-related information only for " YOOX Privacy Policy
stipulates in order to meet the purpose of users purchasing goods or services
and completing after-sales service; it is prohibited to use their information
without the explicit consent of the user or beyond the scope of the user's
authorization, or illegally provide users with personal information to others,
etc.
If the information you submit to the platform involves sensitive
personal information such as a copy of the ID card of the legal representative
of the company or its ID number, you guarantee that you have obtained the
explicit consent of the relevant personal information subject, and that the
purpose and behavior of the relevant use are in line with your wishes and
relevant required by law.
3.6.7 [Personal information security] You should take necessary
technical measures to ensure data security. When information security risks
occur or may occur, you should immediately take remedial measures, inform users
in a timely manner and report to relevant competent authorities in accordance with
regulations.
3.6.8 [Trade Restrictions] Please pay attention to and strictly abide
by the laws and regulations related to import and export control, trade
restrictions and economic sanctions that may affect your transaction behavior,
so as to avoid losses to you or buyers, and ensure compliance with relevant
software applicable to this platform. , All import and export related laws and
regulations of technology and services are restricted. Based on the need to
maintain the trading order and transaction security of the YOOX platform, if
you violate the aforementioned commitments, YOOX can take the
initiative to reYOOX the goods from the shelves and close the
relevant transaction orders when it finds the above situation.
3.6.9 [Subject information] Under this agreement, the seller service
provider of YOOX may be changed according to the business adjustment of YOOX.
The changed seller service provider of YOOX will perform this agreement with you
and provide you with information. To provide services, the change of YOOX seller service
provider will not affect your rights and interests under this agreement. YOOX seller service
providers may also be added due to the provision of new seller services. If you
use the newly added seller services, it is deemed that you agree to the newly
added YOOX seller service providers to perform this agreement with you. . In the
event of a dispute, you can determine the subject of the contract with you and
the counterparty to the dispute based on the specific services you use and the
specific behavior object that affects your rights and interests.
4. Cost
4.1 YOOX has paid a lot of costs for the services provided by YOOX.com.
Except for the charging business expressly stated by YOOX, the
services provided by YOOX to you are currently free. If YOOX charges you reasonable fees in the
future, YOOX will take reasonable measures and pass legal procedures in advance
within a reasonable period of time and notify you in the manner stipulated in
Article 8 of this agreement to ensure that you have the right to fully choose.
5. Limitation of
Liability
6.
5.1 [Force majeure and third-party reasons] YOOX fulfills its
basic guarantee obligations in accordance with the law, but YOOX does not
undertake the corresponding breach of contract for the following reasons:
responsibility:
(1) due to force majeure factors such as natural disasters, strikes,
riots, wars, government actions, judicial and aYOOXinistrative orders;
(2) due to power supply failure, communication network failure and
other public service factors or third-party factors;
(3) Under the circumstance that YOOX has managed in
good faith, due to routine or emergency equipment and system maintenance,
equipment and system failure, network information and data security and other
factors.
5.2 [Massive information] In view of the existence of massive
information and the separation of information from physical objects in the
information network environment, YOOX does not need to conduct transactions
of all sellers and buyers, as well as transactions related to transactions,
unless clearly stipulated by law. Other matters shall be reviewed in advance,
but if YOOX is notified by third parties such as consumers, regulatory authorities,
rights holders, etc., or YOOX discovers the existence of a seller,
commodity or information based on comprehensive analysis of multi-dimensional
big data such as commodities, transactions or stores, etc. In case of product quality
issues, intellectual property infringement, transaction fraud and other
illegal/improper acts that may violate relevant laws and regulations and this
agreement, you agree that YOOX makes a reasonable judgment on the
relevant content based on the general cognition standard of the public based on
the relevant procedures of the platform, and YOOX may According
to different circumstances, the seller will be sent a notice of inquiry or
correction, or directly delete relevant information, take restrictive measures
to the store, or stop the service. Except for the intentional or gross
negligence of YOOX, YOOX is exempt from the above judgment.
5.3 If you become a store seller on the platform, when you receive
goods ordered by consumers, you should give priority to order shipment and then
withdraw funds from the store wallet balance. Otherwise, the platform will
automatically give priority to the store's orders. Thank you.
6. User's breach of contract and handling
6.1 Determination of Default
If one of the following circumstances occurs, you are deemed to be in
breach of contract:
(1) Violating the relevant laws and regulations when using YOOX seller
services;
(2) Violating the stipulations of this agreement;
In order to adapt to the development of e-commerce and meet the needs
of a large number of users for efficient and high-quality services, you
understand and agree that YOOX can stipulate the procedures and
standards for the determination of breach of contract in the relevant rules
of YOOX. For example, YOOX can determine whether you constitute a
breach of contract based on the relationship between your user data and massive
user data; you are obliged to provide sufficient evidence and reasonable explanations
for your data anomalies, otherwise it will be deemed a breach of contract.
6.2 Measures to deal with breach of contract
[Information processing] If the information you publish on YOOX online
constitutes a breach of contract, YOOX can immediately delete or block the
corresponding information according to the corresponding rules, or reYOOX and
supervise your products.
[Behavior Restrictions] If your conduct on YOOX, or the
behavior that has not been carried out on YOOX but has an
impact on YOOX and its users constitutes a breach of contract, YOOX can deduct
points from your account according to the corresponding rules. Restricting
participation in marketing activities, suspending some or all of the services
provided to you, deducting liquidated damages, etc. If your behavior
constitutes a fundamental breach of contract, YOOX may seal up
your account and terminate the provision of services to you.
[Account handling] When you breach the contract and there are specific
circumstances such as fraud, selling fakes, embezzling other people's accounts,
or you endanger other people's transaction security or account security
risks, YOOX will cancel your account according to the risk level of your behavior.
Coercive measures such as payment, capital stop payment, etc.
[Announcement of processing results] YOOX may publicize
your information on the above-mentioned breach of contract measures and other
illegal information confirmed by the effective legal documents of the national
aYOOXinistrative or judicial authority on YOOX Online.
6.3 Liability for compensation
If your actions cause losses to YOOX and/or its
affiliates, you shall perform the liability for compensation in accordance with
this Agreement. The losses (if any) suffered by YOOX and/or its
affiliates that you shall compensate as a result include:
(1) reasonable attorney fees, litigation fees, and necessary expenses
for eliminating the impact;
(2) Fines, liquidated damages or compensation for external expenditures
due to aYOOXinistrative penalties, judicial judgments, mediation within
the scope of statutory standards, etc.;
(3) Loss of goodwill and loss of reasonably expected profits (such as
loss of consumers, reduction in spending, reduction in consumption frequency,
and reduction in store operator income, etc.), the specific amount can be
independently and reasonably analyzed by a third party, and YOOX can reasonably
analyze and analyze the data based on big data. Relevant estimation standards
obtained by other reasonable methods for calculating gains and losses shall be
used as the basis for calculation;
(4) Other losses suffered as a result.
If your actions cause YOOX and/or its affiliates to be claimed by
a third party, YOOX and/or its affiliates may recover all losses from you after assuming
monetary payment and other obligations to the third party.
If a third party suffers losses due to your actions or you fail to
fulfill the mediation decision, YOOX and/or its affiliates may instruct to
deduct the corresponding deduction from your account for the protection of
social public interests or consumer rights. Payment is made. If your balance or
security deposit is not enough to pay the corresponding amount, you agree to
entrust YOOX to use its own funds to pay the above payment on your behalf, and you should
return the part of the fee and compensate YOOX for all losses
caused thereby.
You agree that YOOX instructs to debit the corresponding
amount from your account to pay the above compensation. If the funds in your
account are insufficient to pay the above compensation, YOOX and/or its
affiliates can directly offset your rights under other agreements of YOOX and/or its
affiliates, and can continue to recover.
6.4 Special agreement
[Commercial bribery] If you provide benefits in kind, cash, cash
equivalents, labor services, travel, etc. to the employees or consultants
of YOOX and/or its affiliates that are obviously beyond the scope of normal
business negotiations, it can be deemed that you have commercial bribery
Behavior. In the event of the above situation, YOOX may immediately
terminate all cooperation with you and collect liquidated damages and/or
compensation from you. These amounts are calculated on the basis of the economic
loss and loss of goodwill suffered by YOOX due to your bribery. .
[Affiliated processing] If YOOX terminates this agreement due to
serious breach of contract, for the purpose of maintaining platform order and
protecting consumer rights and interests, YOOX and/or its
affiliates may take action with you in cooperation with you under other
agreements Measures to suspend or even terminate the agreement and notify you
in the manner specified in Article 8 of this agreement. If the other agreements
signed by YOOX and you and the agreements signed by YOOX and/or its
affiliates with you expressly stipulate the situation of related processing for
your cooperation under this agreement, YOOX will maintain the order of the platform
and For the purpose of protecting the rights and interests of consumers, we can
suspend or even terminate the agreement when receiving an instruction, and
notify you in the manner stipulated in Article 8 of this agreement.
7. Changes to the Agreement
YOOX may revise this agreement from time to time in accordance with changes
in national laws and regulations and the need to maintain transaction order and
protect consumer rights and interests. The revised agreement (hereinafter
referred to as "changes") will go through legal procedures and in the
manner stipulated in Article 8 of this agreement. inform you. Once the amenYOOXent
to this agreement takes effect, it will constitute a supplement to the rights
and obligations of you and YOOX and become a part of this agreement.
If you do not agree with the changes, you have the right to
contact YOOX for feedback before the effective date of the changes. If the feedback
is adopted, YOOX will adjust the changes as appropriate.
If you still do not agree with the changes that have taken effect, you
should stop using YOOX seller services from the date when the changes take effect, and the
changes will not have effect on you; if you continue to use YOOX sellers after
the changes take effect service, it is deemed that you agree to the effective
changes.
8. Notice
8.1 Valid contact information
When you register to become a seller of YOOX and accept the
service of YOOX seller, you should provide YOOX with real and effective contact
information (including your email address, contact number, contact address,
etc.). If the contact information changes, You are obliged to update the
relevant information in a timely manner and to remain in a contactable state.
The member account (including sub-accounts) generated when you register
as a user of the YOOX platform and used to log in to the YOOX platform to
receive station messages and system messages, also serves as your effective
contact information.
YOOX will deliver various notices to you on one or several of your
above-mentioned contact information, and the content of such notices may have a
significant favorable or unfavorable impact on your rights and obligations,
please pay attention in time.
8.2 Delivery of notices
YOOX will send you a notice through the above contact information, and the
written notice sent electronically, including but not limited to announcements
on YOOX.com, sending SMS to the contact number you provide, sending
electronic mail to the email address you provide E-mail, sending system
messages and in-site letter information to your account, is deemed to have been
delivered after successful delivery; a written notice sent in a paper carrier
is deemed to have been delivered on the fifth natural day after it is delivered
according to the contact address provided. up
For any disputes arising from trading activities on YOOX Online, you
agree that judicial authorities (including but not limited to people's courts)
may serve legal documents (including but not limited to lawsuits) to you
through SMS, email, modern communication or mail. document). The contact
information such as the mobile phone number, e-mail or account number that you
designate to receive legal documents are the mobile phone number and e-mail
contact information you provided when registering or updating on YOOX and the account
generated when registering as a YOOX user. The judicial authority shall
contact the above-mentioned contact information. The legal document issued by
the method is deemed to be served. The mailing address you specify is your
legal contact address or a valid contact address you provide.
You agree that the judicial authority may use one or more of the above
delivery methods to deliver legal documents to you. The judicial authority may
deliver legal documents to you by various methods. .
You agree that the above methods of service apply to each stage of the
judicial process. Such as entering the proceedings, including but not limited
to the first instance, second instance, retrial, enforcement and supervision
procedures.
You should ensure that the contact information provided is accurate,
valid and updated in real time. If the contact information provided is
inaccurate, or the changed contact information is not notified in time, the
legal documents cannot be delivered or are not delivered in time, you shall be
responsible for the legal consequences that may arise therefrom.
9. Termination of the Agreement
9.1 Circumstances of termination
【Seller-Initiated Termination】You have the right to terminate this
Agreement in any of the following ways:
(1) You cancel your account through the website self-service when you
meet the account cancellation conditions announced by YOOX;
(2) Before the changes take effect, you stop using and expressly do not
want to accept the changes;
(3) You expressly do not want to continue to use the seller's services
and meet the termination conditions of YOOX.
[Termination initiated by YOOX] YOOX may notify you
to terminate this agreement in the manner listed in Article 8 of this Agreement
in the following circumstances:
(1) If you violate this agreement, YOOX terminates this
agreement according to the breach clause;
(2) If you embezzle other people's accounts, publish prohibited
information, defraud other people's property, sell counterfeit goods, disrupt
the market order, or use improper means to make profits, YOOX seals up your
account according to the rules of YOOX.com;
(3) In addition to the above circumstances, due to your repeated
violation of the relevant provisions of the rules of YOOX and the
circumstances are serious, YOOX has seized your account according to
the rules of YOOX;
(4) You have fraudulent, published or sold fake/infringing goods,
infringing goods on the platform.Violating the legitimate rights and interests
of others or other serious violations of the law;
(5) Other circumstances under which the service should be terminated.
9.2 Processing after termination of the agreement
[User Information Disclosure] After the termination of this agreement,
except as expressly provided by law, YOOX has no obligation to disclose any
information in your account to you or a third party you designate.
[YOOX's rights] After the termination of this agreement, YOOX still enjoys
the following rights:
(1) Continue to save the various types of information listed in Article
3.6 of this Agreement that you have retained on YOOX;
(2) For your past breach of contract, YOOX may still hold
you accountable for breach of contract in accordance with this Agreement.
[Transaction processing] After the termination of this agreement, for
the transaction orders you generate during the existence of this
agreement, YOOX may notify the counterparty and decide whether to close the transaction
order according to the counterpart's wishes; if the counterparty requests to
continue to perform If the transaction order is not listed, you shall continue
to perform this agreement and the stipulations of the transaction order with
respect to such transaction order, and shall bear any loss or any additional
expense arising therefrom.
X. Applicable Law, Jurisdiction and Others
[Applicable Law] The conclusion, entry into force, interpretation,
revision, supplement, termination, execution and dispute resolution of this
Agreement shall be governed by the laws of the Mainland of the People's
Republic of China; if there are no relevant provisions in the law, business
practices and/or industry practices shall be referred to.
[Jurisdiction] Disputes arising from your use of this service and
related to this service shall be resolved through negotiation between YOOX and you. If the
negotiation fails, either party may file a lawsuit with the people's court with
jurisdiction in the place where the defendant is located.
[Severability] If any clause of this agreement is deemed to be void,
invalid or unenforceable, the clause shall be deemed severable and shall not
affect the validity and enforceability of the remaining clauses of this
agreement.
11. Attachments
Annex 1: Letter of Commitment to Integrity Management
Annex II: Dangerous Goods Compliance Commitment
Annex I:
Integrity Management Commitment
In order to jointly build an honest and transparent online consumption
environment, jointly maintain a fair and standardized online operation order,
and jointly promote the healthy and sustainable development of the e-commerce
ecosystem, our shop (I) hereby promises the following to the vast number of
netizens and YOOX:
1. Do not participate, join, or form any transaction credit speculation
organization (the transaction credit includes product sales, evaluation, DSR
score, etc.);
2. Do not conduct any transaction credit speculation, and ensure that
the content and transaction credit of each transaction are true and credible,
and there is no fiction or speculation.
3. Do not publish, disseminate or promote any illegal information about
trading credit speculation, and actively report such illegal information;
4. Actively accept the supervision of the majority of netizens
and YOOX, strictly abide by and actively maintain the rules
of YOOX's transaction credit system;
5. If our shop violates the rules of YOOX's transaction
credit system, our shop is willing to accept the corresponding measures
of YOOX and assume the relevant responsibilities arising therefrom.
The shop solemnly promises: the shop will always abide by the above
commitments, will not conduct any form of transaction credit speculation,
strictly abide by the national laws and regulations and the relevant provisions
of YOOX, and carry out business activities in an honest, fair and
standardized manner. Please click here to view the new fake trading rules.
Annex II:
Dangerous Goods Compliance Commitment
The shop has clearly understood the following: According to the
"Internet Dangerous Goods Information Release Management
Regulations", dangerous goods refer to firearms and ammunition,
explosives, highly toxic chemicals, explosive precursor dangerous chemicals and
other dangerous chemicals, radioactive materials, Items that can endanger
personal safety and property safety, such as nuclear materials and controlled
instruments. The YOOX platform has formulated corresponding prohibition rules, prohibiting
members from publishing the above dangerous goods information and trading the
above dangerous goods on the YOOX platform.
The shop solemnly promises as follows: Strictly abide by the
"Anti-Terrorism Law", "Network Security Law",
"Advertising Law", "Internet Information Service Management
Measures", "Computer Information Network International Network
Security Protection Management Measures", "Firearms Control Law"
"," Civil Explosives Safety Management Regulations,"
"Hazardous Chemicals Safety Management Regulations" and
"Internet Dangerous Goods Information Release Management Regulations"
and other laws, regulations and policy documents, and ensure the fulfillment of
the following safety responsibilities:
1. Consciously abide by the current national laws, regulations and
policy documents on safety management and dangerous goods management, and
actively cooperate with the safety supervision and law enforcement inspection
activities carried out by relevant regulatory authorities.
2. Consciously abide by the relevant ban on the sale of dangerous goods
on the YOOX platform, actively carry out self-inspection and self-inspection of
commodity information, do not release, disseminate, or trade the
above-mentioned dangerous goods, and cooperate with the YOOX platform in the
conduct of dangerous goods in accordance with regulations. Commodity
information and transaction management.
3. In the process of commodity information release and transaction
performance, do not use fraud to evade the management of dangerous goods by the
relevant regulatory authorities and the YOOX platform.
4. If the goods sold are not dangerous goods, but they can be used for
the manufacture and use of dangerous goods or can be used for illegal purposes,
never introduce the manufacturing and use methods and illegal uses of relevant
dangerous goods. If the buyer is found to be suspected of violating the law
during the transaction, immediately stop the transaction with it, and report
the relevant clues to the relevant regulatory department or platform management
department.
The store has been aware of the above obligations and has made a
commitment to safety responsibility. If I fail to perform the above statutory
obligations and responsibility commitments, resulting in the occurrence of
illegal and criminal activities or other damages, I will bear the corresponding
legal responsibilities in accordance with the law.