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