Seller Application Agreement
Version effective date December 31, 2021
Tips clause
You are welcome to sign this "BOOHOO Seller
Service Agreement" (hereinafter referred to as "Agreement") with
the BOOHOO seller service provider (see the definition and terms for
details) and use the BOOHOO seller service!
Before you use BOOHOO 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 BOOHOO (hereinafter referred to as "the
service"). See Definitions for details).
This agreement is a split and
revised version of the "BOOHOO Platform Service Agreement". From
the date of publication of this agreement, the "BOOHOO Network
Platform Service Agreement" referred to in various places on the BOOHOO website
refers to the relevant content of the BOOHOO 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 BOOHOO, and BOOHOO 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 BOOHOO. 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
BOOHOO: refers to the e-commerce platform
website provided by BOOHOO with Internet information services and related
software and technical support (the website is BOOHOO 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 BOOHOO, 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 BOOHOO and uses the
purchased goods or services for consumption, also known as "buyers".
BOOHOO.com seller service provider:
including BOOHOO Network Co., Ltd., which may be individually or
collectively referred to as "BOOHOO" in this agreement.
Seller services: refers to the Internet
information services and related software services provided by BOOHOO to
sellers on BOOHOO, of which Internet information services are provided by BOOHOO Network
Co., Ltd. and related software services are provided by BOOHOO 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 BOOHOO 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 BOOHOO 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 BOOHOO has released or subsequently released and
notified you in accordance with the law. The relevant rules of BOOHOO are
an integral part of this agreement and have the same legal effect as the text
of this agreement. If you use BOOHOO 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 BOOHOO. Any content of the
agreement, or unable to accurately understand the meaning of the terms or BOOHOO'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 "BOOHOO 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 BOOHOO platform
account to log in to BOOHOO 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 BOOHOO business
information, your account is limited to your own use. Without the consent of BOOHOO,
your act of directly or indirectly authorizing a third party to use your BOOHOO account
or obtain information under your account is invalid. Except for the fault of BOOHOO,
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 BOOHOO judges that the use of your account
may endanger your account security and/or the information security of the BOOHOO platform
according to the default determination procedures and standards agreed in the BOOHOO rules,
BOOHOO 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 BOOHOO, 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 BOOHOO 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 BOOHOO 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 BOOHOO, you can publish new or second-hand goods and/or service
information and conclude transactions with other users. Based on the management
needs of BOOHOO, you understand and agree that the same user can only open one
store on BOOHOO, and BOOHOO can close other stores you open on BOOHOO at
the same time, unless otherwise stipulated in the relevant rules of BOOHOO .
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 "BOOHOO Platform Service
Agreement" Account transfer terms, that is, because the store is related
to the business information of you and BOOHOO and may involve the
interests of consumers, only when there are legal provisions, judicial rulings
or the consent of BOOHOO, and the change of the store operator in compliance
with the rules of BOOHOO 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 BOOHOO 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, BOOHOO can also close your store according to
the rules of BOOHOO.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 BOOHOO, 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, BOOHOO 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 BOOHOO.com or
obtain the data and personal information of BOOHOO.com and other users secretly
without authorization;
(7) Other violations of social and public
interests or public morals, or inappropriate for publishing on BOOHOO.com
according to the provisions of relevant BOOHOO.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 BOOHOO Online. You are not allowed to sell the
following goods and/or provide the following services on BOOHOO 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 BOOHOO.com.
Based on the Internet-related
characteristics, you understand and know that the products you publish on BOOHOO.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, BOOHOO 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] BOOHOO will
display the goods and/or services you sell through BOOHOO, 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. BOOHOO 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 BOOHOO, 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 BOOHOO network market, and shall not belittle or
slander competitors, shall not interfere with any transactions and activities
conducted on BOOHOO 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 BOOHOO.
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 BOOHOO 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 BOOHOO 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 BOOHOO, 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 BOOHOO;
(3) Request mediation by a consumer
association or other mediation organization established according to law;
(4) Complain to the relevant
administrative 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 BOOHOO in accordance with the rules of BOOHOO,
it means that you recognize and are willing to perform the customer service of BOOHOO 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 BOOHOO (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 BOOHOO.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 BOOHOO.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, BOOHOO 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 BOOHOO during
the use of this service and other operations of BOOHOO belong to BOOHOO,
and are the trade secret of BOOHOO, without BOOHOO'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] BOOHOO.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, BOOHOO 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 BOOHOO.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 BOOHOO free of charge to the various types of products
that BOOHOO can announce to you in your store on the relevant display and
promotion pages of BOOHOO.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 BOOHOO 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 BOOHOO Online,
including but not limited to copying, disseminating or Disclose to other
parties and use any information displayed by other users on the BOOHOO website.
3.6.5 [Information Disclosure] To the
extent permitted by law, for example, consumers and rights holders apply to BOOHOO 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 BOOHOO 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 BOOHOO 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 "
BOOHOO 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
BOOHOO platform, if you violate the aforementioned commitments, BOOHOO can
take the initiative to reBOOHOO 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 BOOHOO may be changed according
to the business adjustment of BOOHOO. The changed seller service provider of BOOHOO will
perform this agreement with you and provide you with information. To provide
services, the change of BOOHOO seller service provider will not affect
your rights and interests under this agreement. BOOHOO 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 BOOHOO 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 BOOHOO has paid a lot of costs
for the services provided by BOOHOO.com. Except for the charging business
expressly stated by BOOHOO, the services provided by BOOHOO to you are
currently free. If BOOHOO charges you reasonable fees in the future, BOOHOO 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] BOOHOO fulfills its basic guarantee obligations in accordance
with the law, but BOOHOO 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
administrative orders;
(2) due to power supply failure,
communication network failure and other public service factors or third-party
factors;
(3) Under the circumstance that BOOHOO 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, BOOHOO 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 BOOHOO is notified by third parties such as
consumers, regulatory authorities, rights holders, etc., or BOOHOO 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 BOOHOO 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 BOOHOO 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 BOOHOO, BOOHOO is exempt from the above
judgment.
5.3 [Mediation Decision] You understand
and agree that in the dispute mediation service, the customer service and
public reviewers of BOOHOO.com are not professionals, and can only judge the
certificates submitted by users and/or sellers based on the general knowledge
of the public. Therefore, unless there is intentional or gross negligence, the
mediator is exempt from dispute mediation decisions.
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 BOOHOO 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 BOOHOO can stipulate
the procedures and standards for the determination of breach of contract in the
relevant rules of BOOHOO. For example, BOOHOO 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 BOOHOO online constitutes a breach of contract,
BOOHOO can immediately delete or block the corresponding information
according to the corresponding rules, or reBOOHOO and supervise your products.
[Behavior Restrictions] If your conduct on
BOOHOO, or the behavior that has not been carried out on BOOHOO but has an
impact on BOOHOO and its users constitutes a breach of contract, BOOHOO 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, BOOHOO 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, BOOHOO 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] BOOHOO 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 administrative or judicial authority on BOOHOO Online.
6.3 Liability for compensation
If your actions cause losses to BOOHOO and/or
its affiliates, you shall perform the liability for compensation in accordance
with this Agreement. The losses (if any) suffered by BOOHOO 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 administrative 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 BOOHOO 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 BOOHOO and/or
its affiliates to be claimed by a third party, BOOHOO 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, BOOHOO 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 BOOHOO to use its own funds to
pay the above payment on your behalf, and you should return the part of the fee
and compensate BOOHOO for all losses caused thereby.
You agree that BOOHOO 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, BOOHOO and/or
its affiliates can directly offset your rights under other agreements of BOOHOO 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 BOOHOO 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,
BOOHOO 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 BOOHOO due
to your bribery. .
[Affiliated processing] If BOOHOO terminates
this agreement due to serious breach of contract, for the purpose of
maintaining platform order and protecting consumer rights and interests, BOOHOO 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 BOOHOO and you and the agreements signed by BOOHOO and/or
its affiliates with you expressly stipulate the situation of related processing
for your cooperation under this agreement, BOOHOO 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
BOOHOO 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 amendment to
this agreement takes effect, it will constitute a supplement to the rights and
obligations of you and BOOHOO and become a part of this agreement.
If you do not agree with the changes, you
have the right to contact BOOHOO for feedback before the effective date of
the changes. If the feedback is adopted, BOOHOO will adjust the changes as
appropriate.
If you still do not agree with the changes
that have taken effect, you should stop using BOOHOO seller services from
the date when the changes take effect, and the changes will not have effect on
you; if you continue to use BOOHOO 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 BOOHOO and
accept the service of BOOHOO seller, you should provide BOOHOO 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 BOOHOO platform
and used to log in to the BOOHOO platform to receive station messages and
system messages, also serves as your effective contact information.
BOOHOO 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
BOOHOO will send you a notice through
the above contact information, and the written notice sent electronically,
including but not limited to announcements on BOOHOO.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 BOOHOO 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 BOOHOO and the account generated
when registering as a BOOHOO 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 BOOHOO;
(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 BOOHOO.
[Termination initiated by BOOHOO] BOOHOO 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, BOOHOO 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, BOOHOO seals up your account according to the rules of BOOHOO.com;
(3) In addition to the above
circumstances, due to your repeated violation of the relevant provisions of the
rules of BOOHOO and the circumstances are serious, BOOHOO has seized
your account according to the rules of BOOHOO;
(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, BOOHOO has
no obligation to disclose any information in your account to you or a third
party you designate.
[BOOHOO's rights] After the termination of
this agreement, BOOHOO 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 BOOHOO;
(2) For your past breach of contract, BOOHOO 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, BOOHOO 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 BOOHOO 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 BOOHOO:
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 BOOHOO, strictly abide by and actively maintain the
rules of BOOHOO's transaction credit system;
5. If our shop violates the rules of BOOHOO's
transaction credit system, our shop is willing to accept the corresponding
measures of BOOHOO 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 BOOHOO, 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 BOOHOO platform has formulated corresponding prohibition
rules, prohibiting members from publishing the above dangerous goods
information and trading the above dangerous goods on the BOOHOO 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 BOOHOO 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 BOOHOO 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 BOOHOO 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.