Terms of Use
These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using the various services (hereinafter referred to as "the Service") provided by ootd-studio (hereinafter referred to as "the Company") on the internet services operated by the Company.
Article 1: Content of the Service and Role of the Company
The Service is an online marketplace service. The content of the Service is based on these Terms of Use and the Guides.
Article 2: Definitions
Definitions In these Terms of Use, unless otherwise specifically defined or the context requires a different interpretation, the following terms shall have the meanings set forth below:
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"Guides" means the rules established by the Company regarding the Service.
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"Buyer" means a user who purchases products through the Service.
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"Personal Information" means the "personal information" as defined in the Personal Information Protection Act, which is information that can identify a specific individual, including the name, address, date of birth, etc. entered by the user.
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"Content" means information posted on the Service by the Company or users.
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"Sales Price" means the price of a product set by the seller.
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"Privacy Policy" means the personal information protection policy established by the Company.
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"this Agreement" means these Terms of Use and the Guides, all of which constitute this Agreement.
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"User" means an individual or legal entity who agrees to this Agreement and uses the Service within china.
Application These definitions apply to these Terms of Use, the Privacy Policy, and the Guides, unless otherwise defined or the context requires a different interpretation.
Article 3: Agreement to and Changes of this Agreement
Agreement and Application This Agreement stipulates the terms of use of the Service between Users and the Company and applies to all usage relationships. By using the Service, Users are deemed to have agreed to this Agreement.
In the case of Minors
If a User is a minor, they must obtain comprehensive consent from a person with parental authority before using the Service.
Changes to the Agreement
The Company may change this Agreement at any time as necessary, and by using the Service after such changes, Users are deemed to have agreed to the changes.
Article 4: Handling of Personal Information, etc.
Privacy Policy The Company handles personal information, etc., in accordance with the Privacy Policy.
Agreement to Privacy Policy Users should confirm and agree to the Privacy Policy before using the Service.
Article 5: Prohibited Matters
The Company prohibits Users from engaging in any acts that fall under prohibited matters.
Article 6: Purchase of Products
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Users shall place an order with the intention to purchase according to the procedures specified by the Company. Orders cannot be cancelled after placement.
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Users cannot place orders without the intention to purchase, purchase products for commercial purposes such as resale, or place orders deemed by the Company to be for the purpose of mischief.
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If the arrival of data specified by the Company, such as data regarding the sales amount and action data indicating the intention to sell, at the Company's servers cannot be confirmed within the transaction start time specified by the Company, the order shall be invalid, and the User accepts this in advance.
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Sellers cannot purchase their own listed items.
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The Company shall not be held liable for any damages incurred by the User or any third party arising from the User's order or purchase.
Article 7: Payment and Execution of Transaction
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Formation of Sales Contract A sales contract for a specific product offered by a seller shall be deemed concluded when the Buyer completes the purchase procedure for that product. Sellers and Buyers shall not transfer, provide as collateral, or otherwise dispose of the rights and obligations arising from the sales contract to any third party.
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Payment Deadline and Shipping Costs When a sales contract is concluded, the Buyer shall pay the total amount of the product price and usage fees by the method specified by the Company. If the seller bears the shipping cost, it shall be included in the product price. If the buyer bears the shipping cost, the product shall be shipped cash on delivery.
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Shipping The seller shall ship the product after the Buyer's payment for the product price is completed.
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Payment Procedures If payment or settlement is necessary for the Service, it shall be conducted through the Service's online system, and the details shall follow the stipulations in the Guides for the Service.
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Non-payment / Late Payment, etc. If there are outstanding payment obligations, the Company may entrust the collection of such outstanding payment obligations to a third party.
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If the Buyer fails to pay the payment obligation by the due date, the Company may claim default damages at an annual rate of 14.6% against such Buyer.
Article 8: Delivery of Products by the Company
The Company delivers products through a delivery service provider.
Article 9: Transition to Other Services
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When selling products through the Service, the Company delivers the products to the Buyer either by itself or via a delivery service provider. The Buyer agrees that the Company or the entrusted delivery service provider may contact them by telephone, etc., for date/time confirmation for product delivery, including at night, or for other communications.
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If the Buyer is absent when the product is delivered, they shall specify a redelivery schedule according to the missed delivery notice, within the number of days specified by the Company or the delivery service provider from the delivery date. If no request for redelivery is made within the specified period, if the Buyer is absent again for redelivery, or if the product cannot be delivered due to refusal of acceptance, unknown whereabouts, etc., the Company may, at its discretion, take measures it deems appropriate, such as canceling the sales contract.
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In the cases described above, except when caused by the Company's willful misconduct or negligence, the Company shall not be liable for any damages arising from the cancellation of the sales contract or other measures. Furthermore, if the Company suffers damages due to these measures, the Buyer shall be obligated to compensate for such damages.
Article 10: Interruption, Termination, and Change of the Service
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Interruption The Company may interrupt the Service without prior notice in the following cases:
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When the Service cannot be provided due to malfunction, failure, or any other reason affecting servers, communication lines, other equipment.
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When performing regular or emergency maintenance, inspection, repair, or changes to the system (including servers, communication lines, power supply, and buildings housing them).
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When the Service cannot be provided due to fire, power outage, etc.
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When the Service cannot be provided due to natural disasters such as earthquake, eruption, flood, tsunami, etc.
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When the Service cannot be provided due to war, civil unrest, insurrection, riot, labor dispute, or other force majeure events.
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When the Service cannot be provided due to laws or regulations or measures based thereon.
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Other cases where the Company deems it necessary for operational or technical reasons.
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Termination and Change of the Service The Company may terminate or change all or part of the Service for any reason by following the procedures stipulated by applicable laws and regulations. If the Service is terminated, the Company shall notify Users in advance or make a public announcement by a method it deems appropriate, to the extent possible.
Article 11: Intellectual Property Rights and Content
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Ownership of Intellectual Property Rights, etc. Rights to all materials constituting the Service belong to the Company or third parties holding such rights. Users shall not acquire any rights to any materials of the Service and shall not, without the permission of the rights holder, engage in any act that infringes upon the rights related to content materials, including all intellectual property rights such as ownership and copyrights, portrait rights, publicity rights, etc. The license to use the Service based on these Terms does not imply a license to use the rights of the Company or the relevant third parties regarding the Service.
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Use by the Company Regarding photos, videos, information, etc., of listed items posted by sellers, the Company and parties designated by the Company may freely use them for purposes including advertisement, operation, research and development, and presentation of the Service.
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Responsibility for Content Users, etc., bear all responsibility for the content they transmit or post in connection with the Service, and the Company shall not verify the content, quality, accuracy, credibility, legality, timeliness, usefulness, etc., of such content. Furthermore, the Company does not guarantee these aspects.
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Content Quality, etc. Users, etc., must judge for themselves the content, quality, accuracy, credibility, legality, timeliness, usefulness, etc., of content transmitted or posted by other users, etc. The Company shall not be liable for damages arising from the use of the Company's content by users, etc., or third parties, except when caused by the Company's willful misconduct or negligence.
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Backup The Company shall not be obligated to back up content. If backup of content is necessary, the User shall perform it at their own expense and responsibility.
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Change and Deletion of Content If the Company determines that a User has violated this Agreement or engaged in conduct deemed inappropriate under the spirit of this Agreement, the Company may change or delete any content posted by that User without prior notice.
Article 12: User Responsibilities and Connection Environment, etc.
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Preparation of Equipment Users are responsible for preparing their own equipment and environment.
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Network Routing, etc. Users understand that when using the Service, data may be routed through various networks, and also understand that depending on the connected network, equipment, etc., the content of data, signals, etc., may be altered to connect to or pass through them, and shall use the Service based on this understanding.
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Conclusion of Procedures Inputs, listings, purchases, cancellations of membership, and other procedures performed by the User through the internet connection regarding the Service shall be validly concluded when the data related to the procedure is transmitted to the Company's servers and the content of the procedure is reflected in the Company's system.
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Resolution of Troubles Users shall resolve any troubles (including those arising under the premise of future use of the Service) that occur between Users or between a User and a third party in connection with the Service, at their own expense and responsibility. If a trouble occurs, it shall be resolved between the parties involved. If the Company suffers damage due to such trouble, the parties involved shall jointly and severally compensate for that damage.
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Dispute Resolution with Third Parties If a dispute arises between a User and a third party in connection with the Service, including any trouble such as lawsuits, claims, demands, etc., the User shall resolve it at their own responsibility and expense, and the Company shall not be involved in the dispute at all. If the dispute arises due to the User's willful misconduct or negligence, the User shall jointly and severally compensate the Company for any damages incurred by the Company due to the dispute.
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Bearing of Costs If a dispute arises between the Company and a User, and if the dispute arises due to the User's willful misconduct or negligence, the User shall compensate the Company for damages incurred by the Company in connection with the dispute.
Article 13: Non-Warranty and Disclaimer
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Non-Warranty regarding Content, etc. The Company does not guarantee the content of the Service.
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Disclaimer of the Company If damage occurs to a User or a third party due to inaccurate, inappropriate, or unclear content, expressions, actions, etc., in the provision of the Service, the Company shall not be liable for such damage, except when caused by the Company's willful misconduct or negligence.
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Non-Warranty regarding Information Provision Although the Company may provide appropriate information to Users, etc., in connection with the Service, it does not guarantee the accuracy or usefulness of that information.
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Non-Warranty regarding Computer Viruses, etc. The Company does not warrant that harmful elements such as computer viruses are not included in the content related to the Service. The Company shall not be liable to Users or third parties for damages caused by the inclusion of harmful elements such as computer viruses in the content related to the Service, except when caused by the Company's willful misconduct or negligence.
Article 14: Indemnification
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User Responsibility If a User violates this Agreement, that User shall bear all responsibility, including liability for damages to other Users or third parties who suffer damage due to such violation. If the Company suffers damage because a User commits such a violation, that User and other relevant parties shall jointly and severally compensate for that damage.
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Disclaimer of the Company The Company shall not be liable for any damages suffered by a User in connection with the Service, including the suspension, termination, or change of the Service by the Company, cancellation of user registration, deletion or loss of content, loss of data or equipment failure due to use of the Service, except when caused by the Company's willful misconduct or negligence.
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Scope of Company Liability Even in cases where the Company is liable for damages to a User, the Company's liability shall be limited to the direct and ordinary damages actually incurred by the User due to the Company's breach of contract or tortious act, except when caused by the Company's willful misconduct or gross negligence.
Article 15: General Provisions
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Notices Notices shall be given by appropriate methods.
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Prohibition of Assignment Users cannot assign their rights to any third party.
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Severability If any part of this Agreement is invalid, the remaining parts shall remain valid.
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Language The English version of this Agreement shall be the original text.
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Governing Law and Jurisdiction
These Terms of Service and any separate agreements whereby we provide you shallbe governed by and construed in accordance with the laws of UKCompany Name: USEEMALL LTD
Company Address: Conyngham Road, Manchester, England (This is not a returning
address)