MYTHERESA
seller channel
Terms of Service
1. Introduction
1.1 MYTHERESA-commerce transactions
are welcome through the website interface or mobile application (“MYTHERESA Page”). Before using Meta's website or creating a MYTHERESA
account ("Account"), please read the following terms of service
and Meta's e-commerce platform operation regulations to clearly understand
its relationship with MYTHERESA Co., Ltd and Meta's affiliates and
subsidiaries (hereinafter referred to as Meta). "Meta",
collectively "us", "us", "our") legal rights and
obligations. The "Services" we provide or provide include (a)
the MYTHERESA Website, (b) the services provided by the MYTHERESA
Website and the MYTHERESA Client Software available on the MYTHERESA
Website, and (c) all information, links, functions, data, , images, graphics,
music, audio, video (including livestreams), messages, labels, content,
programs, software, service applications (including any mobile service
applications) or other materials are available on MYTHERESA from the
website or related services of the MYTHERESA website
("Content"). Any new functionality added or extended to the Service
is subject to these Terms of Service. These terms of service govern your use of
the services provided by Meta.
1.2 The Service includes an online
exchange service that connects consumers with each other to provide
opportunities between buyers ("Buyers") and sellers
("Sellers") (collectively, "Friends"). ”, “User” or “Parties””). The real sales contract is directly between the buyer and the
seller. The parties involved in the transaction will be responsible for the
sales contract, commodity list, product warranty, etc. between them. MYTHERESA
does not interfere with transactions between users. MYTHERESA may or may
not pre-screen users or user-provided content or information. MYTHERESA
reserves the right to re MYTHERESA any content or information on the MYTHERESA
website in accordance with clause 6.4 below. MYTHERESA does not guarantee
that the user will actually complete the transaction. notes,
1.3 Before becoming a user of the MYTHERESA
website, you need to read and accept all terms and conditions set forth and
referenced in these Terms of Service and the Privacy Policy referenced here.
1.4 MYTHERESA reserves the right to
change, modify, suspend or terminate all or any part of the MYTHERESA
website or services at any time as required by law. A beta version of the
Service or its functionality may not be identical to the final version.
1.5 MYTHERESA reserves the right to
refuse your account opening request or access to MYTHERESA website or
services in accordance with the law and terms of service.
By using the Service or creating an
account with Meta, you accept and agree to these Terms of Service and the
additional policies that follow here.
If you do not agree to these terms of
service, please do not use the service or visit the MYTHERESA page. If you
are a minor or person of limited civil capacity under the laws of your country
of residence, you will need to obtain a supply or contract, as the case may be,
to open an account or use the Services. In this case, the parent or legal
guardian needs help understanding or accepting the terms of the family
agreement on your behalf. If you are unsure of your age and civil capacity, or
understand that these terms and related laws apply to your civil affairs,
please do not create an account or use the services with unlimited assistance
from a parent or legal guardian. If you are a parent or legal guardian of
MINIMERS or have limited civil capacity, case-by-case compliance with legal
requirements and witness statements, the current representative accepts these
Terms of Service and is responsible for the entire process of using the MYTHERESA
account or services, but not specifically.
2. Privacy
2.1 MYTHERESA takes the security of
your information very seriously. To protect the interests of users, MYTHERESA
provides a privacy policy on Gold.vn that explains Gold's security
practices in detail. Please refer to the Privacy Policy to understand how MYTHERESA
collects and uses information related to user accounts and/or use of the
Services ("User Information"). These Terms of Service are closely
related to the Privacy Policy. By using the Services or providing information
on the MYTHERESA website, users:
Allow MYTHERESA to collect, use,
publish and/or process your content, personal data and user information as set
forth in the Privacy Policy; agree and acknowledge that the information
provided on Meta's website is jointly owned by you and Meta; and will
not directly or Indirectly disclose user information to any third party, or in
any way allow any third party to access or use that information.
2.2 Users who obtain personal data of
other users through the use of the Service ("Recipients") hereby
agree
(i) comply with all applicable laws and
regulations regarding the security of personal information related to such
information;
(ii) allow the user who is the owner of
the personal information collected by the recipient (“disclosing party”) to delete his/her information collected from the database. the
recipient's data;
(iii) allow the Disclosing Party to review
the information that the Receiving Party has collected about them as or as
required by applicable law.
3. Limitation of U.S. Liability
3.1 MYTHERESA grants users the
appropriate rights to access and use the Services under the terms and
conditions set forth in these Terms of Service. All content, trademarks,
service marks, trade names, logos and other proprietary intellectual property
rights ("Intellectual Property Rights") displayed on Meta's
website are owned by MYTHERESA and third-party owners, as applicable. No
party accessing the MYTHERESA website shall be granted, directly or
indirectly, any right or license to use or reproduce any intellectual property
rights, nor shall any party accessing the MYTHERESA website be authorized
to access the website. intellectual property. By using or accessing the
Services, you agree to abide by copyright, trademark, service mark or any other
laws that protect the Services, the MYTHERESA Site and the contents of
the MYTHERESA Site. You agree not to reproduce, distribute, republish,
transmit, publicly disclose, publicly perform, modify, adapt, rent, sell or
create any portion of the Services, MYTHERESA Sites and derivative works
of MYTHERESA Site content. You may not copy or modify any part or all of
the MYTHERESA website on any server or as part of any other website
without Meta's prior written consent. In addition, you agree not to use
any robots,
3.2 MYTHERESA allows connections to
the MYTHERESA Website from the User's Website, provided that the User's
Website is not construed as an endorsement or link to MYTHERESA of any kind.
4. Software
Any software provided by MYTHERESA to
users is subject to these Terms of Service. MYTHERESA reserves all rights
with respect to the software not expressly granted herein by Meta. Any
script or code linked to or referenced from the Services is licensed to you by
a third party, not Meta, who is the owner of such script or code.
5. Accounts and Security
5.1 Certain features of our Services
require account registration by selecting a unique username
("Username") and password and providing certain personal information.
You may use your account to access other products, websites or services
that MYTHERESA permits, is associated with or is using. MYTHERESA
does not test and is not responsible for any content, functionality, security,
service, privacy policy or other practices of such products, websites or
services. If you use your account to access other products, websites or
services that MYTHERESA permits, is affiliated with or is working with,
the terms of service for those products, websites or services,
5.2 You agree to (a) keep your password
confidential and use your username and password only when logging in, (b)
ensure that you log out of your account after each login session on the MYTHERESA
website, and (c) promptly notify MYTHERESA of any Unauthorized use of your account, username and/or
password. You are responsible for activities under your username and account,
including loss or damage resulting from unauthorized use of your password or
user's failure to comply with these terms.
5.3 You agree that MYTHERESA reserves
the right to immediately delete the user account and user name, delete or
cancel any content related to the user account and user name from the MYTHERESA
website for any reason, regardless of whether or not to notify the user or any
other third party. responsibility. Reasons for these actions may include (a)
prolonged inactivity of accounts and usernames, (b) violation of the terms or
spirit of these Terms of Service, (c) engaging in illegal, fraudulent,
harassing, intrusive, threatening or abusive conduct, ( d) have multiple user accounts,
(e) purchase products on the MYTHERESA website for commercial purposes,
(f) buy in bulk from a seller or a group of related sellers, (g) abuse discount
codes or sponsorship or promotional benefits (including selling discount codes
to third parties and misusing coupon codes on MYTHERESA Sites), (h)
engaging in harmful actions against other users, third parties, or Meta's
financial interests. Use of the account for unlawful, fraudulent, harassing,
intrusive, threatening or abusive purposes may be submitted to competent
government agencies as required by law.
5.4 The user can notify MYTHERESA in
writing to request to delete the account. However, the user remains responsible
and liable for any incomplete transactions (generated before or after account
deletion) or shipments of goods related to the requested account. Then, in
accordance with the terms of service, users must contact MYTHERESA after
timely and complete completion and completion of incomplete transactions. The
user is responsible for his/her account deletion request.
5.5 You may use the Service and/or open an
account with MYTHERESA only if you meet the conditions for accepting these
Terms of Service.
6. Terms of Use
6.1 The license to use the MYTHERESA
website and services remains in effect until terminated. The license will
terminate in accordance with these Terms of Service or if the User
breaches any term or condition set forth in these Terms of Service. In this
case, MYTHERESA may terminate the user's use with or without notice.
6.2 The User shall not:
(a) upload, post, transmit or otherwise
make available any unlawful, harmful, threatening, abusive, harassing,
confusing, intrusive, misleading, defamatory, offensive, obscene, defamatory,
invasive, offensive or racially discriminatory content, racial or any other
inappropriate content;
(b) violates any law, third party rights
or Meta's Product Prohibition/Restriction Policy;
(c) post, transmit, or otherwise display
any Content in the presence of a minor or use the Services in any way that
harms a minor; which way;
(d) use the Services or post content to
impersonate, or otherwise misrepresent, any person or entity;
(e) forge headers or otherwise manipulate
formats to conceal the origin of any Content transmitted through the Services;
(f) MYTHERESA any proprietary notices from
the MYTHERESA website;
(g) cause, accept or authorize
modification, creation of derivative works or adaptation services without the
express permission of Meta;
(h) use the Services for the benefit of
any third party or for any conduct not acceptable under these Terms of Service;
(i) use the Services or post Content for a
fraudulent, unreasonable, false, misleading or misleading purpose;
(j) opening and operating various user
accounts for any conduct that violates the terms or spirit of these Terms of
Service;
(k) access the MYTHERESAe-commerce
platform, open an account or otherwise through any software or hardware not
approved or provided by Meta, including simulator software, simulators,
automation software or any similar software, device or hardware Access your
user account.
(l) modify the price of any product or
interfere with the catalogue of other users.
(m) take any action that
falsifies Meta's rating or feedback system;
(n) Attempt to transcode, reverse
engineer, disassemble or hack the Service (or any of its components);
circumvent or circumvent any application by MYTHERESA to the Service
and/or data transmitted, processed or stored by MYTHERESA encryption
technology or security measures;
(o) utilize or collect any information,
including any personal information or data, in connection with other user
accounts;
(p) upload, email, post, transmit or
otherwise disclose any content not authorized by you under any law or contract
or relationship of trust (such as inside information known or disclosed as part
of an employment relationship, proprietary and confidential information or
pursuant to a nondisclosure agreement);
(q) upload, e-mail, post, transmit or
otherwise make available any Content that could result in infringement of
patents, trademarks, trade secrets, copyrights or any other rights. any
privilege of either party;
(r) upload, email, post, transmit or
otherwise make publicly available any advertising, promotional material,
"harassing mail", "spam", "string" and authorised
or unlawful, or any other form of unauthorized authorized solicitation;
(s) upload, email, post, transmit or
otherwise disclose any computer code, file containing viruses, worms, trojan
horses or any other computer code, files designed to directly or indirectly
interfere with, control, interrupt, destroy or limit the whole or functionality
or program materials any computer software or hardware or data or
telecommunications equipment;
(t) disrupt the normal flow of interaction,
speed up the "scrolling" of the screen faster than other users are
capable of on the Service, or otherwise perform actions that negatively affect
the performance of the Service. participate in real transactions,
(u) interfere with, manipulate or disrupt
the Services or servers or systems associated with the Services or other users’ use and experience of the
Services, or fail to comply with any requirements, processes, policies and
legal locations of systems associated with Meta;
(v) take any action or conduct that may
directly or indirectly disrupt, disable, overload or damage the Service or
servers or systems associated with the Service;
(w) use the Services to knowingly or
inadvertently violate the laws relating to the prevention of money laundering
or the prevention of terrorism;
(x) use the Services to violate or
circumvent any penalties or embargoes imposed or enforced by the relevant
authorities.
(y) use the Services to violate the
privacy of others or to "stalk" or otherwise harass others;
(z) infringe Meta's rights, including
any intellectual property rights, and cause confusion;
(aa) use the Service to collect or store
personal data of other users in connection with the prohibited conduct and
activities described above; and/or
(ab) List merchandise that infringes a
third party's copyright, trademark, or other intellectual property rights, or
use the Service in a manner that may infringe a third party's intellectual
property rights.
6.3 Users understand that content, whether
publicly posted or privately transmitted, is solely the responsibility of the
creator. This means that you, and not Meta, are solely responsible for
what you upload, post, email, transmit or otherwise make public on the MYTHERESA
website. Users understand that by using the MYTHERESA website, you may
encounter content that you deem objectionable, inappropriate or
inappropriate. MYTHERESA is not responsible for the Content, including
errors or omissions relating to the Content, or for loss or damage arising out
of the use of or reliance on the Content as posted, mailed, transmitted or
otherwise published. Download or otherwise publish on the MYTHERESA
website.
6.4 User acknowledges that MYTHERESAand
its designees have the sole right (but not the obligation) to screen, reject,
delete, stop, suspend, MYTHERESA or MYTHERESA any content available on the
Site. MYTHERESA website, including any content or information you
post. MYTHERESAreserves the right to reMYTHERESA(i) content that violates
the Terms of Service; (ii) if MYTHERESAreceives a valid claim made by
other users in accordance with the law; (iii) if MYTHERESAreceives to a
valid intellectual property infringement notice or legal(4) Other reasons
prescribed by law. As part of our efforts to protect the Service or its
users, MYTHERESAreserves the right to block communications related to the
Service, including status updates, posts, messages and/or chats. or otherwise
enforce the terms of these Terms of Service. User agrees that he or she must
evaluate and assume all risks associated with any use of the Content, including
any reliance on the accuracy, completeness or usefulness of the Content. In
this regard, the user acknowledges that he does not need, and to the fullest
extent permitted by law, does not need to rely on any content created by or
submitted to Meta, including information locations on MYTHERESAForums
or other parts of Meta.
6.5 The user accepts and agrees that MYTHERESAcan
access, maintain and disclose the user's account information as required by law
or ordered by a court or government agency or agency. A competent government
agency requires MYTHERESAor other legal grounds to: (a) comply with legal
process; (b) enforce terms of service; (c) respond to complaints about content
that violates the rights of third parties; (d) respond to user requests for
customer service; ( e) protect the rights, property or safety of Meta,
users and/or the community.
7. Violation of Terms of Service
7.1 Violations of this policy may result
in a range of actions, including any or all of the following:
- delete product catalogs;
- the right to restrict the use of the account;
- suspension and termination of accounts;
- To recover money/property obtained by
fraud, and related costs of shipping, payment, etc. for the order;
- criminal charges;
- apply for civil relief, including claims
and/or temporary emergency measures;
- Other actions or remedies in accordance
with Community Standards, Terms of Service or MYTHERESAPolicy.
7.2 If you find a user on our MYTHERESAwebsite
who violates the Terms of Service, please contact MYTHERESAhere.
8. Reporting potential inspections of
intellectual property
8.1 The user is an independent individual
or organization and is not affiliated with Meta. MYTHERESAis also not
an agent or representative of the user and does not own and/or own any
merchandise offered for sale on Meta's website.
8.2 If you are the owner of intellectual
property rights (“Intellectual
Property Owner”) or an authorized representative of the
intellectual property owner (“Intellectual Property
Representative”) and you believe that your rights or
the rights of a potential customer are infringing, please use the enclosed The
sample complaint form provides valid documentation to demonstrate the existence
and legal ownership of the claimant's intellectual property, protected
intellectual property in the relevant territory, and evidence of intellectual
property infringement in the listing for the specific claim. Sent to MYTHERESAhere.
We will take reasonable time to process the information provided.
9. Orders and Payments
9.1 MYTHERESAsupports one or more of
the following payment methods from time to time:
(i) Credit/Debit Card or Credit Card
Instalment Payment
Credit/debit card payments or credit card
installments are made through third-party payment channels, and the list of
accepted cards depends on the payment channel you use.
(ii) Cash on Delivery (COD)
MYTHERESAoffers cash on delivery in select
countries. Buyer may pay the carrier directly in cash upon delivery.
(iii) Payment by Domestic ATM Card -
Internet Banking
Domestic ATM Card Payment Method - Internet
Banking is only available for buyers with a domestic ATM card with an online
banking link (online payment), not for VISA and MasterCard.
9.2 The buyer can only change the payment
channel before payment.
9.3 MYTHERESAshall not be liable to
the Buyer or Seller for any loss or damage suffered by the Buyer or Seller as a
result of incorrectly entered shipping and/or payment information for placing
an order and/or the use of payment methods not listed in Clause 9.1
above. MYTHERESAreserves the right to check the legality of the buyer's
right to use the payment method, and reserves the right to suspend the
transaction until the legality is confirmed or to cancel the transaction if the
legality cannot be confirmed.
Note: MYTHERESAwill be responsible
for orders placed using MYTHERESAShipping Support.
9.4 At present, MYTHERESAcan only pay
users by bank transfer. Therefore, users need to provide bank account
information to MYTHERESAin order to receive payment, that is, payment for
products sold or refunded from Meta.
10. MYTHERESAAccount Balance
10.1 MYTHERESAAccount Balance is a
feature provided by MYTHERESAor its authorised service providers to assist
in confirming the sale proceeds or refund value of return/refund transactions.
The total value confirmed minus the amount paid will appear in the MYTHERESAaccount
balance.
10.2 You may transfer the full amount
recorded in your MYTHERESAAccount Balance (up to the full amount in
your MYTHERESAAccount Balance) by submitting a remittance request to the
bank account from which you have provided MYTHERESAwith the information
(the "Receiving Account"). request ("Payment
Request"). MYTHERESAcan also automatically transfer the value
identified in your MYTHERESAaccount balance to your receiving account on a
regular basis based on your settings. Depending on the relevant banking
business, MYTHERESAonly makes transfers on business days and it may take
up to 3 (three) business days for such transfers to be credited to the
receiving account.
10.3 Revenue from sales using the delivery
services supported on the MYTHERESApage will be credited to the MYTHERESAaccount
balance 10 (ten) days after the order is updated to delivery status. Successful
(for MYTHERESAMall orders), or 48 days later when the order is updated to
Delivery Successful status (for orders not belonging to MYTHERESAMall) or
hours after buyer confirms receipt. Purchases for Return/Refund Cash on Payment
(COD) orders will be credited to the MYTHERESAaccount balance within 01
(one) business day from the date the return/refund request is received.
10.4 Once a payment request has been
submitted, it cannot be changed or cancelled.
10.5 If an error occurs during the
processing of any transaction, you agree to authorize MYTHERESAto correct
the error and credit or debit your receiving account, provided that the
correction complies with the relevant laws. If MYTHERESAis unable to
credit or debit the Receiving Account for any reason, you will also authorize
us to continue crediting or debiting the Receiving Account to any bank account
or other payment method provided to you after charging any relevant
fees Meta, or to the extent permitted by law, deduct credit or debit and
related charges from the credit balance in your MYTHERESAaccount balance.
10.6 You authorize us to make a credit or
debit entry for the amount identified in your MYTHERESAAccount Balance for
the purpose of:
(i) correct any errors in the execution of
transactions;
(ii) MYTHERESAbelieves that you have
engaged in fraudulent or suspicious transactions and/or transactions
(iii) in relation to any loss, damage or
inaccuracy;
(iv) in relation to any bonus or refund;
(v) in relation to any outstanding fees;
(vi) in connection with the resolution of
any transaction disputes, including any indemnification against you;
(vii) in relation to prohibited products
or products recalled by competent authorities; and
(viii) in relation to any modification of
the agreement undertaken by the buyer and the seller.
11. MYTHERESAWarranty Policy
11.1 MYTHERESAGuarantee is a service
provided by MYTHERESAor a unit authorized by MYTHERESAto protect
transactions. To prevent liability risk, the amount paid by Buyer to Seller for
an order will be retained by MYTHERESAor a Meta-authorized entity (“MYTHERESAGuarantee Account”). The seller will not receive interest or any other benefit on
funds in the MYTHERESAsecured account.
11.2 After the Buyer has paid for the
Order ("Buyer Pays"), the Buyer's payment will remain in the MYTHERESAGuarantee
Account until:
(a) Buyer sends MYTHERESAconfirmation
that he has received the item, in which case MYTHERESAwill transfer
Buyer's payment to Seller's MYTHERESASecured Account unless Clause 11.2(d)
applies;
(b) If the MYTHERESAWarranty Period
(or an extension approved pursuant to Clause 11.3) has expired, unless Clauses
11.2(c) and 11.2(d) apply, MYTHERESAwill transfer payment from the Buyer
to the MYTHERESAWarranty Account the seller;
(c) If MYTHERESAdetermines that
Buyer's return/refund request has been approved, MYTHERESAwill refund
Buyer in accordance with the terms of the Return Policy, unless Section 11.2(d)
applies. MYTHERESAMerchandise and Refund.
(d) when MYTHERESAreasonably
determines that it is reasonable to allocate buyer payments, including
when MYTHERESAbelieves it is reasonably necessary to comply with any
applicable law or court order or to enforce these Terms of Service.
Self-agreement between buyer and seller
will not apply MYTHERESAWarranty Policy.
11.3 Payments made through the MYTHERESAPayment
Channel will remain in the MYTHERESAGuarantee Account for a certain period
of time (“Riya Guarantee Period”). For more information on MYTHERESAGuarantee Time, follow this
link .
11.4 If the Seller's bank account cannot
be credited and/or the Seller cannot be reached, MYTHERESAwill use the
information provided by the Seller to contact the Seller. If Seller cannot be
reached, MYTHERESAwill process Buyer's payment after twelve (12) months
from the date Buyer's payment is due to Seller but has not been paid to Seller.
is in compliance with the law.
11.5 The seller/buyer must be the
beneficiary of the account and conduct transactions on the MYTHERESAwebsite
by themselves. MYTHERESAreserves the right to require sellers or buyers to
provide personal data such as portraits, bank account information and/or any
other necessary documentation for information verification purposes, including
third-party payment and confirmation required by shipping service providers.
Seller/Buyer hereby agrees to MYTHERESAto use or provide his/her personal
data for Seller/Buyer to use MYTHERESAWebsite. In addition, the
seller/buyer authorises MYTHERESAto use his/her personal data to respond
to any inquiries that MYTHERESAdeems necessary to confirm the identity of
the seller/buyer as the seller/buyer bank to other organisations. Privacy Policy.
11.6 Meta's Warranty is in addition
to, and not a limitation of, the Seller's and Buyer's obligations under
applicable law, which may be broader or stricter than the legal requirements
in Meta's Warranty Policy. MYTHERESAGuarantee is neither intended nor
intended to assist the seller or buyer in fulfilling their own legal
obligations, which are solely the responsibility of the seller or buyer.
purchase, and MYTHERESAis not responsible for the legal obligations of the
seller or buyer above. Meta's Warranty Policy does not constitute a
product warranty under any circumstances.
11.7 For the avoidance of doubt, any
transactions not carried out on the MYTHERESAWebsite will not be covered
by the MYTHERESAWarranty.
12. MYTHERESACoin Points System
12.1 Users may accumulate Reward Points (“MYTHERESACoins”) on the MYTHERESAWebsite by using the MYTHERESAGuarantee
system or by participating in MYTHERESAactivities (“Qualifying Activities”) at Meta’s sole discretion. ). Generally, MYTHERESACoins will be
credited to user accounts upon completion of a successful Meta-approved
transaction or activity. If you are a user and your account is not eligible to
participate, you are eligible to participate in the MYTHERESACoin reward
system.
12.2 Incomplete transactions using
the MYTHERESAGuarantee on the MYTHERESAwebsite will not be eligible
to participate in the MYTHERESACoin reward system. MYTHERESAreserves
the right to exclude items that are not subject to the MYTHERESACoin
reward system.
12.3 MYTHERESAcoins have no monetary
value, do not constitute the user's property, and cannot be bought, sold,
transferred or exchanged for cash.
12.4 In accordance with the rules and
regulations established by MYTHERESAfrom time to time, and the
restrictions determined by MYTHERESAat its sole discretion, the User may
use MYTHERESACoins by sending a request to Meta, and use MYTHERESACoins
to deduct from the price of products in accordance with MYTHERESAfrom time
to time. purchases on the MYTHERESAwebsite. All refunds are subject to the
Returns and Refunds Policy in Section 14.4.
12.5 The MYTHERESACoin you use will
be deducted from your MYTHERESACoin balance. Each MYTHERESACoin has
an expiry date. Please check your account details on the MYTHERESApage
for MYTHERESACoin balances and expiration dates.
12.6 MYTHERESAwill notify you from
time to time that MYTHERESACoin Bonus Points will be applied to certain
Qualifying Activities. Eligible activities may include your purchases with
participating sellers or certain MYTHERESApromotions. We will notify you
from time to time of the applicable terms of such reward programs.
12.7 If you have a claim for the amount
of MYTHERESACoins you have received from an Eligible Event, you must
submit such claim to MYTHERESA(here) within one (01) month from the date
of your successful delivery. We may ask you to provide evidence to support your
claim. MYTHERESAreserves the right to refuse to resolve a claim if the
deadline for filing a complaint has passed.
12.8 MYTHERESAmakes no guarantees and
accepts no liability for the tax liability of MYTHERESACoin. You should
check with your tax advisor if receiving MYTHERESACoins will affect your
tax liability.
12.9 To the extent required by applicable
law, MYTHERESAreserves the right to (i) terminate the MYTHERESACoins
Rewards System at any time, and (ii) cancel or postpone User participation in
the use of the MYTHERESACoins Rewards System, including the right to
acquire or use MYTHERESACoins.
13. Female Shipping
13.1 After the order has been shipped
successfully, MYTHERESAwill receive payment from the buyer and notify the
seller. Unless otherwise agreed with Meta, it is the seller's
responsibility to provide MYTHERESAwith sufficient bank account
information to process payment for this order.
13.2 The Seller shall make every effort to
ensure that the Buyer receives the Goods on time and within the MYTHERESAGuarantee
Time.
13.3 The user understands that the seller
bears all risks related to the transportation of the purchased goods, and
guarantees that the seller has or will insure the goods (including
transportation). If the purchased merchandise is damaged, lost or undeliverable
in transit, the user acknowledges and agrees that MYTHERESAshall not be liable
for any loss, cost, expense or liability arising therefrom, nor shall the
seller and/or buyer be liable. The carrier will be contacted to resolve such
incidents.
13.4 For cross-border transactions.
The
user understands that when a listing indicates a product to be shipped from
abroad ("overseas product"), the product is sold by the seller
outside the relevant country, and the export/import of the product is subject
to law. Users should be aware of import and export restrictions in the importing
country. The user agrees that MYTHERESAcannot provide legal advice in this
regard, and agrees that MYTHERESAdoes not assume any risk or
responsibility related to the import and export of goods.
If
the user chooses to purchase products overseas, it means that the user agrees
to entrust MYTHERESAto go through the necessary procedures/steps for
overseas imported products by himself or through a third party, and enter the
relevant laws according to law.
14. Cancellations, returns and refunds
14.1 Buyers can only cancel an order
before paying with an international credit/debit card.
14.2 Buyers may request returns andRefund.
14.3 MYTHERESAdoes not manage
cancellations, returns and refunds of orders traded between buyers and sellers
themselves.
14.4 If you paid in MYTHERESACoin and
received a refund based on Meta’s Return and Refund Policy, MYTHERESAwill refund the amount you
paid for the item and the amount of MYTHERESACoin you used in your
account, respectively.
15. Seller's Responsibilities
15.1 The Seller must manage and ensure the
accuracy and completeness of information such as updated prices and product
details, the number of products in stock, and updated terms and conditions of
sale in the Seller’s
product catalog, and must not post inaccurate or misleading information.
15.2 Product prices are at the seller's
discretion, except for products priced by the competent authority. The product
price shall include the full amount paid by the buyer (eg taxes, fees, etc.)
and the seller will not require the buyer to pay any additional or separate
amounts. If the listed price of a good or service does not expressly indicate
that the price includes or does not include charges associated with the
purchase of the good or service, such as taxes, packaging charges, shipping and
other charges, other charges incurred, the price is understood to be Include
all related fees above.
15.3 To the extent permitted by law,
Seller agrees that MYTHERESAmay, at its sole discretion, conduct
promotions through price reductions, discounts or refunds or otherwise to
facilitate transactions between buyers and sellers. The final price to be paid
by the buyer is the actual price with the above adjustments applied.
15.4 In order to facilitate the purchase
of products listed by the seller, MYTHERESAmay publish such products on
third party websites (such as portals and price comparison portals) and other
websites (domestic or international) operated by or in partnership after the
price). with Meta.
15.5 It is the seller's responsibility to
provide the buyer with an invoice in accordance with the law.
15.6 Seller acknowledges and agrees that
Seller is responsible for paying taxes, customs fees and any charges for
products sold and MYTHERESAdoes not provide any legal or regulatory
advice. If necessary, the seller should use professional tax consulting
services.
15.7 Seller acknowledges and agrees that
any breach of MYTHERESAPolicy by Seller will result in the conduct
described in clause 7.1.
16. Charges
16.1 Unless otherwise stipulated in these
terms of service or otherwise agreed by the parties, buyers do not need to pay
any fees for using the services of Raya e-commerce trading platform.
16.2 If there is any fee payable, that fee
shall also be taxable in accordance with the relevant laws. Seller acknowledges
and agrees that MYTHERESAmay deduct fees and applicable taxes due to MYTHERESAfrom
the sales amount paid by Buyer. MYTHERESAwill issue receipts or financial
invoices for fees and taxes paid by Seller upon request. See how to request a
financial invoice here.
16.3 Payment of Fees
The payment fee is the fee charged by
the MYTHERESAe-commerce trading floor for each successful order (does not
apply to the cancellation of the entire order or the order that requires a
return/refund). In all cases, it is the seller's responsibility to pay for the
payment.
Payment fees will be deducted directly
from each order when the sale is credited to the seller's MYTHERESAaccount
balance when the seller makes a withdrawal.
The payment fee is calculated based on the
total amount paid by the buyer for the order, including the total amount of the
item and the shipping cost actually paid by the buyer.
Depending on the payment method the buyer
chooses, the payment fees that apply to each order vary:
Payment method Fee (including VAT)
credit/debit card or
Credit card installment 1.5%
Cash on Delivery (COD) 1.5%
Domestic ATM Card/Internet Banking 1.5%
MetaPay Wallet 1.5%
16.4 Fixed Fees
MYTHERESAaccepts sellers/MYTHERESAas
"Immediate Refunds" (Orders placed under "Delivered") or
orders with a return/refund request that are successfully conducted through
the MYTHERESAe-commerce exchange for the sale of products and the use of
seller services (orders placed under "Delivered"). Except why the
item has not been received). The flat fee is a percentage of the total
transaction value, including VAT. Seller is obligated to pay all fixed fees and
related taxes (including but not limited to VAT).
calculate:
Flat Fee = Total Order Value x 1.5%.
(Note: The total order value is the total
amount the buyer must pay for each specific order; excluding shipping and other
charges the seller must pay to Meta).
The flat fee is deducted directly from
each order when the sales proceeds are transferred to the seller's MYTHERESAaccount
balance for withdrawal by the seller.
Seller agrees and irrevocably
authorizes MYTHERESAto deduct the fees set forth in Section 16 of the
Terms of Service from Seller's MYTHERESAGuarantee Account, MYTHERESAAccount
Balance, or any amount held by MYTHERESAfrom time to time or collected on
behalf of Seller without Seller's consent .
The flat fees set forth in this section do
not apply to genuine sellers (MYTHERESAMall).
17. Disputes
17.1 If there is a problem related to the
transaction, the buyer and the seller agree to settle the dispute through
negotiation first, and MYTHERESAwill make reasonable arrangements. If the
negotiation fails, the user can complain to the local competent authority to
resolve the disputes arising from the transaction.
17.2 Both the Seller and the Buyer
undertake and agree that they will not sue or otherwise claim against MYTHERESAor
its Affiliates (other than MYTHERESAor its Affiliates) with respect to any
Products related to such Claims. Transactions made on the MYTHERESAwebsite
or any disputes related to it.
17.3 Users covered by MYTHERESASafeguarding
Policy may submit a written request to MYTHERESAto assist in resolving
disputes arising from transactions. MYTHERESAwill take necessary steps to
assist users in resolving these disputes. Please see Meta's Returns and
Refunds Policy for more details.
17.4 For greater clarity, support under
this clause 17 applies only to buyers of MYTHERESAwarranties. Buyers using
other payment methods can contact the seller directly.
18. Feedback
18.1 MYTHERESAalways receives
information and feedback from users to help MYTHERESAimprove service
quality. See Meta's feedback process below:
(ii) Requires feedback in writing via
email or using the feedback form available on the App.
(iii) All anonymous replies are not
accepted.
(iv) Users who participate in the feedback
will be fully informed and given the opportunity to improve the situation.
(v) Unacceptable and defamatory responses
are not accepted
19. US Exclusion of Liability
19.1 The Services are provided "as
available" and MYTHERESAdisclaims any warranties, disclaimers or
guarantees of any performance, implied, implied, warranties, warranties,
performance, non-violation, merchantability or fitness for a particular
purpose, and no NO WARRANTIES, GUARANTEE CURRENT, AFTER PURCHASE OR USE OF THE
PRODUCT.
19.2 The User accepts that any risk
outside the use or operation of the MYTHERESAWebsite and/or MYTHERESAServices
will accompany the User for a limited lifetime.
19.3 MYTHERESAdoes not control,
warrant or assume responsibility for: (a) the suitability, existence, quality,
safety or legality of the products offered on the MYTHERESAwebsite; (b)
the ability of the seller to sell the product or the buyer to purchase and pay
for the product Ability. In the event of a dispute involving one or more users,
these users agree to resolve the dispute directly with each other and
release MYTHERESAand its affiliates from all claims, demands and damages,
losses arising out of or in connection with the dispute.
20. EXCLUSION AND LIMITATION OF LIABILITY
20.1 MYTHERESAis not responsible for
contracts, warranties, errors (including necessity (active or passive), product
liability, liability or obligation), other persons in connection with laws,
legal rights, regulations or otherwise
(i) (A) loss of use; (B) loss of profits;
(C) loss of revenue; (D) loss of data; (E) loss of prestige; or (F) failure to
retain harmful practices, directly or indirectly; or
(ii) indirect, incidental, special or
consequential damages (including any loss of data, service interruption, computer,
electronic equipment) arising out of or in connection with the use of the MYTHERESAwebsite
or services, including damages there, even if MYTHERESAhas been notified
of this Likelihood of damage or correction.
20.2 You have the right to request
termination of your account and/or stop using the service in case of release
due to the service.
20.3 In the judgment of the court
committee, Meta's case is liable to the maximum limit permitted by law
(including your non-official unbelievable potential customers) of any third
party limited to the lesser of (A) the fees paid by you in Under MYTHERESAWarranty
Policy; (B) 2,000,000 relevant guilders (option 2 million) or such other amount
as expressly defined in the JUMP General Judgment.
20.4 Nothing in these Terms of Service limits
or excludes any liability for personal injury or results of accuracy caused by
SHOPP's negligence, accident or fraud. SHOPP's participation in this liability
is not limited and/or excluded by law.
21. Links and Interactions with Third
Party Websites/Services
Third party links contained on the MYTHERESAwebsite
will cause users to exit the MYTHERESAwebsite. These links may be provided
out of courtesy. Websites or applications accessed from these links are not
controlled by MYTHERESAin any way, and you access them at your own risk.
Users may interact with, purchase goods
and/or use third-party services, or participate in third-party promotions when
using the MYTHERESAwebsite. Any such activity, and any terms, conditions,
warranties or representations related to it, shall be solely a
relationship/deal/agreement between the user and the relevant third party.
MYTHERESAprovides services to you in
accordance with these Terms of Service. And the user acknowledges and agrees
that certain third parties that provide goods and/or services through the MYTHERESAwebsite
may require you to agree to additional terms and conditions or terms and
conditions before you use or access such goods or services through the MYTHERESAwebsite.
Acceptance of these additional terms and conditions will constitute separate
legal binding between you and such third party.
MYTHERESAis not responsible or liable in
any way for any content (including links or links), exchanges, purchases and
transactions between users. Use with any third party website or service that
links to or links to Meta. MYTHERESAprovides these links or
facilitates such interaction only as a convenience and the inclusion of any
link shall not in any way imply or represent Meta's affiliation,
endorsement or endorsement of any linked site and/or any content therein.
MYTHERESAallows you to share videos from
YouTube in the MYTHERESALive feature ("YouTube Content"). By
sharing YouTube content, you agree to be bound by YouTube's Privacy Policy (
http://www.google.com/policies/privacy ).
22. User's Contribution to the Service
22.1 By submitting any Content
to Meta, you represent and warrant that you have obtained all necessary
rights and/or agree to grant MYTHERESAthe following rights. You further
acknowledge and agree that you are solely responsible for any content you post
or provide on or through the Services, including for the accuracy, reliability,
originality, clear copy of rights, legal compliance with respect to any
Contribution and LEGALLY LIMITED LIABILITY. The user hereby grants to MYTHERESAand
its successors the continuing, irrevocable, worldwide, non-exclusive,
royalty-free, sublicensable and transferable rights. , use, reproduce,
distribute, reproduce, transfer, alter, modify, create derivative works from,
publicly display, and make such contributions through or in connection with the
Services through any medium and any channel of communication, including for the
purpose of Promote or redistribute part of the Service (or a derivative of the
Service). The rights you grant to us will only end when you or MYTHERESAdelete
your Contribution from the Service. You understand that your donation may be
diverted to various systems and modified to comply and meet technical
requirements. The rights you grant to us will only end when you or MYTHERESAdelete
your Contribution from the Service. You understand that your donation may be
diverted to various systems and modified to comply and meet technical
requirements. The rights you grant to us will only end when you or MYTHERESAdelete
your Contribution from the Service. You understand that your donation may be
diverted to various systems and modified to comply and meet technical
requirements.
22.2 Any content, material, information or
ideas (referred to as "Content".Submissions") posted by the User
on or through the Service or otherwise transmitted to MYTHERESAin any
way, MYTHERESAwill not be protected and may be subject to Disseminated or
used by MYTHERESAor its affiliates for any purpose, including product
development, production and marketing, without charge or liability to users. By
submitting content to Meta, you acknowledge and agree that MYTHERESAand/or
Third parties may independently develop software, applications, interfaces,
products, and modify and enhance software, applications, interfaces, products,
functions, code, or other features of the same or similar ideas as described
herein. Therefore, you hereby grant MYTHERESAand its successors, a
continuous, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable
and transferable, right to use, reproduce, distribute, republish, transmit,
modify, modify, create derivative works from, publicly available through the
Display and performance of such Submissions through or in connection with
Submissions in any medium or through any communication channel, including in
order to promote or redistribute portions of the Services (or derivatives of
the Services). This provision does not apply to individuals who are the subject
of Meta's Privacy Policy Information unless you publicly provide such
information on or through the Service. Irrevocable, general, non-exclusive,
royalty-free, sublicensable and transferable, by or in connection with in any
medium and through any communication Channel submissions, including for the
purpose of promoting or redistributing part of the Service (or its
derivatives). This provision does not apply to personal information that is the
subject of Meta's Privacy Policy unless you publicly provide this on or
through the Service. Class Information. Irrevocable, generic, non-exclusive,
royalty-free, sublicensable and transferable, through or in connection with
content submitted in any medium and through any communication channel,
including for the purpose of promoting or redistributing the Services ( or its
derivatives). This provision does not apply to personal information that is the
subject of Meta’s
Privacy Policy unless you make such information publicly available on or
through the Services. Change, modify, create derivative works, publicly display
and the execution of such submissions, through or in connection with any media
and any channel, any communications, including for the purpose of promoting or
redistributing part of the Services (or derivatives thereof). This provision
does not apply to personal information that is the subject of Meta's
Privacy Policy , unless you publicly provide such information on or through the
Services. Change, modify, create derivative works, publicly display and perform
such Submissions, through or in connection with the Submissions, through any
media and any channel, any communications, including for the purpose of promoting
or Redistribute a portion of the Service (or a derivative thereof). This
provision does not apply to personal information that is the subject
of Meta's Privacy Policy unless you publicly provide such information on
or through the Service.
23. Third-Party Access to Services and
External Linkscontribution
23.1 Each party contributing to the
Services in respect of data, messages, images, audio, video, software and other
content shall be responsible for any relevant accuracy, reliability,
originality, clarity rights, legal compliance and legal restrictions
responsible for the contribution. MYTHERESAwill reMYTHERESAfrom the
website/app information regarding the sale of counterfeit goods, knockoffs,
smuggled goods, goods infringing intellectual property rights and other illegal
goods, services and information upon discovery or receipt of a well-founded
complaint about such information Information. Users do not require MYTHERESAto
be responsible for any activities or omissions of users, including but not
limited to matters they publish or otherwise provide through the service.
23.2 In addition, MYTHERESAWebsites
may contain links to third-party products, websites, services and offers. These
third party links, products, websites, services and offers are not owned and
controlled by Meta. In fact, such products, websites, services and offers
are produced by and are owned by their respective third parties and are
protected by copyright or other proprietary rights or other intellectual laws
and treaties. MYTHERESAdoes not review and is not responsible for the
content, functionality, security, services, privacy policies or other practices
of these third parties. MYTHERESAencourages users to inquire about the
terms and other policies of third parties listed on their websites or
otherwise. By using the Services, you acknowledge that MYTHERESAis not
responsible for your use or inability to use any website or widget. You further
acknowledge and agree that MYTHERESAmay prohibit your use or removal of
any third-party link or application on the Services to the extent such
third-party restrictions are in violation of these Terms of Service.
24. USER ASSESSMENTS AND WARRANTIES
User represents and warrants that:
(a) the User has the ability, (in the case
of a minor, with the valid consent of a parent or legal guardian), the legal
right and ability to sign these Terms of Service and abide by their terms; and
(b) Users use the Services only for lawful
purposes and in compliance with these Terms of Service and all applicable laws,
rules, regulations, directives, guidelines, policies and regulations.
25. Compensation
You agree to indemnify, defend and hold
harmless Meta, its shareholders, subsidiaries, affiliates, directors,
officers, agents, co-brand owners or partners, and employees from claims and
lawsuits. , actions, proceedings and obligations, losses, payments, fines,
penalties, fees and related costs (including dispute resolution costs) are
borne by the indemnified party due to (a) transactions conducted on or in
connection with the MYTHERESAwebsite (unless MYTHERESAor its affiliates
are the seller of the transaction related to the claim), (b) MYTHERESAWarranty
Policy, (c) organized, operated, administered and/or executed by or on behalf
of Meta, (d) your breach of or failure to comply with any provision of
these Terms of Service or any policies or guidelines referred to herein, (e)
your use or misuse of the Services, or (f) your violation of any law or the
rights of any third party, or (g) the User any content posted.
26. Privacy
If any provision of these Terms of Service
is unlawful, revoked or unenforceable for any reason, then that provision shall
be severed from these terms and conditions. This Agreement does not affect the
validity or enforceability of any remaining provisions, nor does it affect the
validity or enforceability of any provision subject to legal review.
27. Applicable law
These Terms of Service shall be governed
by and construed in accordance with applicable laws. Any dispute, controversy,
claim or disagreement arising out of or in connection with these Terms of
Service against or in connection with MYTHERESA or any indemnified party
that is the subject of these Terms of Service shall be resolved by the relevant
International Arbitration Center (VIAC). The language of arbitration shall be
the relevant language.
28. General provisions
28.1 MYTHERESA reserves all rights
not granted herein.
28.2 MYTHERESA reserves the right to
amend these Terms of Service at any time by posting the revised Terms of
Service on the MYTHERESA Website. User's continued use of the MYTHERESA
website after posting changes will constitute User's acceptance of the revised
Terms of Service.
28.3 The User may not assign, sublicense
or transfer any rights or obligations hereunder granted to the User.
28.4 Nothing in these Terms of Service
shall create a partnership, joint venture or agency owner relationship between
you and Meta.
28.5 Meta's failure to perform any
provision of this Agreement at any time or time shall not in any way
affect Meta's subsequent rights to exercise such rights, unless such
rights are waived in writing.
28.6 These Terms of Service are for the
benefit of MYTHERESA and the User only, but for the benefit of any other
person or entity, excluding Meta's affiliates and subsidiaries (and each
successor or assignee of MYTHERESA or its affiliates and subsidiaries).
people).
28.7 The terms set forth in these Terms of
Service and any agreements and policies contained or referenced in these Terms
of Service constitute the general agreement and understanding between the
parties regarding the Services and the MYTHERESA Website, and supersede
any prior agreements or understandings between the parties. parties involved in
this. The parties enter into an agreement in accordance with these Terms of
Service, and the parties do not rely on representations, representations,
warranties, understandings, promises, promises or promises of any kind, except
as expressly provided in these Terms of Service. These Terms of Service shall
not be contradicted, construed, or supplemented by evidence of prior
agreements, any existing oral agreements, or any consistent additional terms.
28.8 You agree to comply with all
applicable laws relating to anti-corruption and anti-bribery.
28.9 If you have any questions or concerns
about the Terms of Service on the MYTHERESA Website or issues related to
the Terms of Service, please contact MYTHERESA here.
Legal Notices: Please send all legal
notices to MYTHERESA here – Attn: Relevant Legal Team.
I have read these Terms of Service and
agree to all of the terms below, as any terms will be modified below. By
clicking "Sign Up" or "Sign Up via Facebook" when
registering to use the MYTHERESA website, I understand that I am creating
a digital signature that I understand has a quality and effective hand
signature effect.
Updated April 27, 2022.
This version goes into effect on April 5,
2022. To refer to earlier versions of the Terms of Service, click here.
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