Netsale Terms of Services
Applied from 01/03/2019
1. ACKNOWLEDGEMENT AND ACCEPTANCE
Any and all service(s) provided to the registered user (hereinafter referred to as “You”) by Netsale is/are owned and/or operated by you yourself, and shall be in full compliance with and performed strictly under the Service Contracts, Service Terms & Conditions (“Service Terms”) and Operation Rules as provided or published by Netsale from time to time. In addition, it shall constitute that a Service Contract has been entered by You and BuckyDrop and You have accepted all terms and conditions contained therein if You are registered at this website.
2. SERVICE AND ITS RULES
2.1. STORE MANAGEMENT
2.1.1. Netsale shall provide subscription and performance services to You on the Internet through its information and service platform.
2.1.2. You shall be responsible for delivery of or settlement of disputes or claims concerning product, which has been or is agreed to be sold prior to the same has been removed off shelves or the operation suspension of Your Store.
2.2. QUOTATION, DISTRIBUTION AND PROMOTION
2.2.2. You shall have or obtain all rights necessary for the display of products and/or services at Your Store created based on the services provided by Netsale (“Store”) and may not sell or provide any product or service at such Store which
is prohibited or restricted by any applicable law or regulation;
infringes the intellectual property rights or other lawful rights of any third party; or
is not suitable for sale and/or supply at such Store as expressly provided in any rules, announcements or notices issued by Netsale or any separate agreement between You and the related platforms.
Such “products and/or services” include but not limited to counterfeit products, prescription drugs, tobacco, lottery tickets, pornographic magazines and DVDs, hacking services, etc.
You shall be held liable for all adverse consequences arising out of or in connection with the display and sale of any products and/or services at Your Store in any way not permitted by Netsale; provided, however, Netsale shall be responsible for any and all adverse effects if the hosting service of Netsale is utilized by You for Your business operation (“Hosting Service”).
2.2.3. You may, at your sole discretion, decide the way for promotion and/or marketing of Your products and/or services or accept the Store Operation Service provided by Netsale.
2.3. PURCHASE OF PRODUCTS AND/OR SERVICES
You shall carefully check the name, price, quantity, model, specification or dimension of products and/or the time limit, content, restrictive requirements and other important matters of services for which You have purchased by the use of Netsale, and shall affirm Your contact address, telephone number, consignee and other information when You place an order. You shall assume any and all legal consequences arising out of or in connection with any information of consignee provided by You which is found incorrect.
2.4. VALIDITY OF USER’S INFORMATION
All delivery information and E-mail address provided by You shall be accurate, authentic, valid and in details. Any updated information thereof, if necessary, shall be submitted to the customer service staff of Netsale (“CSSN”). You shall be held liable for any and all adverse consequences if Netsale fails to provide services as detailed herein to You arising out of or in connection with any inaccuracy or inauthenticity of any information provided by You hereunder, and the related platform may terminate services to You if any provision hereof is violated by You.
2.5. DISPUTE SETTLEMENT
- 2.5.1. You may enter into transactions with any third party at Your Store in any way permitted by Netsale and shall comply with all applicable rules regarding transactions and payments. In this regard, You acknowledge and agree that Netsale shall be merely a service provider for supply of technical services and third-party warehousing & logistics services, who neither participate in any transactions between You and Your customers nor involve in any legal relations or disputes including any legal disputes between You and Your customers.
- 2.5.2. In the event that any dispute mediation is carried out by CSSN at Your request, it shall constitute that You accept any and all findings made by CSSN as independent third party concerning the related disputes based on its own investigation and shall enforce the related awards rendered by CSSN in accordance with such findings including but not limited to the change of trading status for particular order, the payment of any or all amounts in dispute to You or Your customers or both, or the order of advance payment by use of deposit etc. Prior to the final award made by Netsale, You may seek any other alternative dispute resolution mechanisms available (“Alternative Resolution”) to terminate such dispute mediation as mentioned above. You may also seek another Alternative Resolution if You are unsatisfying with such final award; provided, however, You shall enforce such final award prior to the final settlement is made through such Alternative Resolution.
3. SECURITY OF USER’S ACCOUNT
3.1. ACCOUNT REGISTRATION
A Member Account (“Account”) of Netsale used as Your Username shall be distributed to You upon the fulfillment of registration at our site and You shall be responsible for all activities regarding such Account and password thereof (“Password”). It shall be noted that it is Your responsibilities to keep secret of such Account and Password and You may not share the same with any other third party, otherwise, all adverse legal consequences arising there-from shall be borne by You solely.
3.2. ACCOUNT SECURITY
- 3.2.1. You shall make settings for the Account (“Setting”) and keep the same in confidential. Netsale may not require the disclosure of Your Account Settings and Password at any time. It is suggested that You should keep secret of Your Account and You should log out and exit the system of Netsale in an appropriate way upon the completion of access of such system at public place. Netsale shall not be liable for any losses or damages suffered by You arising out of or in connection with the disclosure of Your Account information by You voluntarily or any attack or swindling against You by any third party therefore, in such event, You shall seek compensation through judicial or administrative proceedings against the related wrongdoers.
- 3.2.2. You shall change Your Password as quickly as possible if the same, at Your sole discretion, may be or have been divulged. You may change Your Password or other information at any time by access of such column entitled as “Personal Data”
- 3.2.3. Except as due to the fault of Netsale, You shall be held responsible for any and all acts carried out under the name of Your Account such as but not limited to the conclusion of various online agreements, release of information, pricing, purchase and sales of products, ordering services, disclosure of information, trading practices or pre-transactional activities and all legal consequences there-from.
- 3.2.4. It is suggested that You shall notify Netsale immediately and authorize Netsale to perform information synchronization operations if it is discovered by You that Your Account at Netsale is logged in by any person unauthorized or the occurrence of any other event which may cause Your Account to be stolen or lost. In this regard, You shall acknowledge and agree that a reasonable time period is necessary for remedial operation performed by Netsale upon receipt of Your notice as mentioned above and even such remedial operation may not, in certain event, avoid or prevent the adverse consequence or its expansion, therefore, Netsale shall not be liable for any of such adverse consequence or its expansion unless the same is due to the fault of Netsale as provided in the applicable laws.
4. PROTECTION OF USER’S INFORMATION
4.1. PROTECTION OF PERSONAL INFORMATION
As a basic rule of Netsale, we shall respect Your personal privacy and may not alter, share or disclose any of Your personal information (“Personal Information”) to any third party. Except as disclosed to governing authorities in accordance with legal procedures such as court proceedings, we shall keep Personal Information in the registered user service documents of Netsale perpetually.
4.2. GUARANTEE AND AUTHORIZATION OF NON-PERSONAL INFORMATION
4.2.1. It is represented and warranted by You that You have all appropriate and legal rights for all information released by You, otherwise Netsale may delete or block such information as released by You unilaterally in accordance with the applicable laws or this SERVICE TERMS & CONDITIONS.
4.2.2. It is guaranteed by You that information released by You does not contain any material which
violates any general prohibitive provisions of the applicable laws and rules;
may be classified as political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or abetment of crimes;
is fraudulent, false, inaccurate or misleading;
infringes the intellectual property rights of any third party or is related to the trade secrets and other proprietary rights of any third party;
is insulting, slandering, intimidating or disclosing the privacy of any third party which violates the lawful rights and interests of any third party;
contains such malicious software and program codes as may damage, tamper with, delete or affect the normal operation of any Netsale’s system or obtain the materials or personal data of Netsale and other users through unauthorized access, such as but not limited to viruses, Trojans or reptiles; or
is regarded as against the public interest or public morality or is not suitable for release at Your Store in accordance with the applicable agreements or rules of Netsale.
4.3. SHARE OF PERSONAL INFORMATION
Netsale may not share Your Personal Information with any third party unless such share is made with legal permit, or as required by any governing authorities in accordance with legal procedures such as court proceedings, or at Your own request.
5. RESPONSIBILITIES OF USER
You shall only be responsible for the release of information and such services as utilized by You shall comply with all local, national or state laws and international laws and rules. For this purpose, it’s represented and warranted by You that You
may not release any information which violates any applicable laws or rules;
may not use Your registered account for any illegal purpose;
may not interfere, destroy, intercept or invade any network service; or
shall comply with all agreements, rules, regulations, and procedures as provided herein.
You shall be responsible for any act or omission under Your Account registered with Netsale. We may keep the system records as evidence and submit the same to the regulatory authorities as required if any service provided by You under the Account containing any harmful information which is reactionary, pornographic or otherwise violating the applicable laws (“Harmful Information”). In addition, we may delete any or all such Harmful Information immediately without any prior notice to You.
6. LIMITATION OF LIABILITY
6.1. Netsale shall perform its general warranty obligations in accordance with the applicable laws, provided, however, Netsale shall not be held as default or assume any liability there-from if there is any failure of, defect in, delay of or change for the performance hereunder arising out of or in connection with
any force majeure event such as but not limited to natural disasters, strikes, riots, wars, government actions or any other judicial & administrative orders;
the failure of any public services such as power supply or communication network or the act or omission of any third party; or
the failure of equipment & system or their respective routine or urgent maintenance or the network information and data security in spite of the bona fide management has been carried out by Netsale.
6.2. Netsale shall only provide services to You as provided herein and it is acknowledged and agreed by You that the information of Netsale as released by You may contain certain risks or defects. Netsale shall set up the appropriate inspection & control system in accordance with all applicable laws to protect your legitimate rights and good experience at Netsale as much as possible; provided, however, Netsale may not review all products and/or services under transaction one by one or affirm their respective quality, safety, validity, authenticity or accuracy in details due to the massive information contained in Netsale and the separation of Physical Objects and their respective information in Information Network Environment, therefore, it is Your responsibilities to make inspection and judgment at Your sole discretion.
6.3. It is acknowledged and agreed by You that the CSSN is not a professional for dispute mediation and shall make judgment on materials provided by You as an average person may do; therefore, it is not guaranteed by Netsale that the final award rendered by CSSN may satisfy Your expectation and Netsale shall not be held liable for any of such final award except there is any willful misconduct or material negligence committed by Netsale.
6.4. Netsale may reserve all rights to claim compensation from You if the image, goodwill or reputation of Netsale has been damaged accidentally, directly, indirectly or collaterally due to the release of any illegal information by You or the use of Your Account.
7. WAIVER OF WARRANTY
You shall be responsible for all risks arising out of or in connection with the use of E-mails such as fraudulent E-mails. Netsale hereby expressly waives all express or implied warranties or guaranties thereof. It is Your responsibilities to understand and accept all types of information and Netsale may not be held liable for any type of hardware damage and/or information loss.
8. STORAGE OF AND RESTRICTIONS ON SERVICE INFORMATION FOR NETSALE REGISTERED USER
Netsale may, at its sole discretion, determine whether or not Your act is satisfying these Service Terms & Conditions or other rules of Netsale even though any maximum data limit for uploading is not set by Netsale. Your Account may be barred if these Service Terms & Conditions are violated by You. Netsale is the owner of all contents on its website and the consent of Netsale shall be obtained for any re-publishment of any content therein, otherwise it shall constitute copyright infringement.
9. EXCLUSION OF LIABILITY
- 9.1. It is acknowledged and agreed by You that the information and pictures of products displayed on this website are all from third-party platforms and may be slightly different from those of the final products, in addition, the results of pictures may be subject to the lighting conditions, the different color backgrounds of devices photographing of such pictures or the different computer colors or their respective image resolutions, therefore, Netsale do not guarantee the descriptions of products derived from any third-party platform may match the physical object exactly especially in color. Netsale shall not be held liable for any difference between the actual products and their pictures which are for reference only.
- 9.2. This website shall purchase products from the third party platform under Your instructions and such process shall be completed within 6-15 working days under normal circumstances depending on the international shipping mode requested by You, provided, however, we do not make any express commitment in this regard. We may not be able to complete services hereunder and shall notify You immediately for solution if it is indicated on the webpage from which certain products are requested to be purchased by You that such products are out of stock, or their prices are changed, or such products fail to be supplied in due time, or there are any other shipping problems or force majeure events, in such event, we shall not be held liable for any or all losses or damages suffered by You arising there-from.
- 9.3. Netsale shall, at Your request, help You contact the Seller for any after-sales services such as but not limited to the replenishment, replacement or return of products which are missing, damaged or defective. It shall be noted that such request shall be made within 120 hours upon the issuance of warehouse receipt by us, otherwise additional fees shall be imposed.
- 9.4. Netsale shall not be responsible for any products undelivered arising out of or in connection with any cause attributable to You.
- 9.5. We do not accept any agreement directly between You and the Seller for the purchase of any products hereunder. You shall only be entitled to such discounts as indicated on the official website of Netsale and such discounts may not combined with other promotion coupons provided by any other websites.
10. SERVICE TERMS FOR BUSINESSES
10.1. PURCHASE AND SHIPPING SERVICES
Netsale may purchase such products as designated by You from any third-party e-commerce platform, provided, however, any quality risks for the products purchased shall be borne by You. The purchase service and delivery service are the services conducted in 2 phases, and therefore, the payment for them shall be made separately. It’s suggested that You may assess the international shipping fee by using the assessment tool for shipping fee as provided in the background before You place an order. We may use any third-party logistics service provider to send parcels for You, and You may assess any and all risks arising out of or in connection with any accidents related to the international parcels such as but not limited to the return punished by the Customs, delay in delivery, damage or loss, forfeiture, and such risks shall be borne by You solely. Any logistics problems incurred due to any reasons which are not attributable to Netsale and the applicable logistics service provider and that may include but not limited to disaster, political problem in the related country or region shall be borne by You solely.
10.2. DISCLAIMER FOR PURCHASE AND DELIVERY OF PRODUCTS
For the smooth arrival of the products purchased by You, we may make appropriate handling for the products already arrived. You’re kindly reminded that You should make prudent purchase as certain independent merchants on the third-party e-commerce platforms may conduct illegal commercial activities. You are deemed to agree and perform the subsequent operations under special conditions, or You may verify any doubts (if any) upon the submission of order with CSSN.
10.3. PARCEL DELIVERY AGREEMENT AND THE INSPECTION RULES
It’s Your responsibility to have the knowledge of the prohibited international items. Netsale may sign to acknowledge the receipt of and check Your parcels in accordance with the Rules on Delivery and Acknowledgement of Receipt, and receive the parcels satisfying with the applicable requirements and make subsequent operations related thereto.
10.4. DOMESTIC RETURN AND INTERNATIONAL RETURN
Subject to the special natures of international transportation, certain parcels may be indicated as “Not passing domestic security checks” in the Customs of the country to which Your parcels are delivered, in this regard, You may not worry as the international transportation fee will be refunded to you in whole to your Account at Netsale after the same are returned, and You may submit the parcel and pay the transportation fee for delivery again. In the event Your parcel has been transported overseas and is returned due to Not passing international security checks, no recipient, wrong or incomplete address, unsuccessful posting, the fee for re-transportation shall be borne by You.
10.5. DELIVERY DELAY INSURANCE AND THE COMPENSATIONS
It shall be deemed delay of parcel in the event the delivery time exceeds the time announced on Netsale for the insured delivery route since the said parcel is sent to the third-party carrier. You may apply to CSSN for after-sales services and the compensation may be returned to the payment account for the said parcel in accordance with the Compensation Standards, provided, however, any delay incurred due to the force majeure factors such as the Customs and weather will not be compensated for.
10.6. PARCEL INSURANCE AND THE COMPENSATIONS
In the event that Your parcel is lost and You have purchased the parcel insurance of Netsale upon the submission of order, we may provide applicable compensation based on Your insured value. You shall have the knowledge of the prohibited international items and assume any responsibilities for the loss of parcel caused due to certain factors, either subjective or objective.
10.7. NOTES ON THE RECEIPT OF PARCEL
The normal acknowledge of receipt of the parcel indicates the closure of the whole transportation process. You shall remind Your purchaser of checking the outer packing box carefully when he/she signs for acknowledge of receipt, and You may respond to CSSN within 72 hours after the acknowledgement for any problems related thereto. We may not be held liable for any matters incurred after normal acknowledgement of receipt.
10.8. NOTES ON AFTER-SALES
It’s suggested that You should remind Your purchaser of confirming the receipt of products on the website after receiving the parcel. You may apply for after-sales services within the valid after-sales term thereof if necessary, or otherwise after-sales services may not be provided after the said valid term.
10.9. RULES ON PURCHASING SERVICES WITH E-COMMERCE PLATFORMS
This purchasing service is provided by Netsale for the purchase of the products designated by You from any third-party platforms such as Taobao, Tmall and JDcom, and it should be noted that we have nothing to do with any and all quality problems related to the products purchased from the said e-commerce platforms. We will not provide accurate stock-taking services, instead, we may provide limited spot checks and limited after-sales services. Therefore, You shall select the products carefully and prudently and assume any and all risks related thereto, or You may choose to use the buying agent service provided by Netsale for guaranteed purchase.
10.10. LIMITATIONS ON INTERNATIONAL LOGISTICS
Any cross-border products purchased by You shall be in full compliance with the laws and regulations of PRC (including Hong Kong, Macao and Taiwan), the country where the product is purchased and the country or region where You are and shall be the products permitted for import by the said country or region. It’s quite possible that some products may be confiscated by the local Customs as the Customs policies of the countries may vary and some countries or regions are sensitive to special products, therefore, You shall have the knowledge of such risks and assume them solely.
The parcel checks made by the Customs are generally in the form of spot checks, the Customs may voluntarily contact the recipient for invoice or customs clearance documents in case Your parcel is deemed special by the Customs (such as having large volume, being too heavy or containing sensitive products).
10.11. STATEMENT ON THE SYNCHRONIZATION OF INFORMATION OF PRODUCTS FROM THE THIRD-PARTY PLATFORMS
You shall understand that Netsale may not have and control the information of the products from the third-party platforms timely, including but not limited to the product’s sales status, inventory quantity, price change and SKUs out of shelf. Netsale shall not be held liable for any problems such as understock and SKU change arising from the change of product status from the said third-party platform, provided, however, You may use the tool updated regularly by Netsale for the synchronized update of the products (being a kind of value-added service).
11. RIGHTS OF NETSALE
Netsale may reserve the rights to alter or terminate the services provided herein without notice to You, and Netsale reserves right of final interpretation hereof.