Term Conditions Page
1. INTRODUCTION
1.1. Welcome to the Etsy platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Etsy account ("Account") so that you are aware of your legal rights and obligations with respect to Etsy Philippines Inc. and its affiliates and subsidiaries (individually and collectively, "Etsy", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Etsy client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Shoppe.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Shoppe is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Etsy is not involved in the transaction between Users. Etsy may or may not pre-screen Users or the Content or information provided by Users. Etsy reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Etsy cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.4 Etsy reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Etsy may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Etsy may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Etsy reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING SHOPEE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Etsy. To better protect your rights we have provided the etsy-vn.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Etsy collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(a) consent to Etsy collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Etsy; and
(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Shopee’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (a) comply with all applicable personal data protection laws with respect to any such data; (b) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (b) and (c) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 Etsy grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Etsy and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Etsy. You acknowledge that Etsy may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Etsy reserves all rights to the software not expressly granted by Etsy hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Etsy.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Etsy, in its sole discretion, finds offensive or inappropriate, Etsy has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Etsy has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Etsy of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Etsy will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Etsy may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel, or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Etsy deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site), (h) failure to make timely payment of any outstanding amount (or other obligation) owed to Etsy or any of its Affiliates (subject to applicable law), (i) creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on Etsy or (j) behaviour that is harmful to other Users, third parties, or the business interests of Etsy. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Etsy may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Etsy in writing (including via email at Etsy) of their desire to do so. You understand and agree that your account will, at the earliest, be terminated twenty-four (24) hours after the request for termination. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Shoppe after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Etsy shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Etsy.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.6 If you are a Seller, you may be entitled to create sub-accounts (“Sub-Account”) on the sub-account platform operated by Etsy (“Sub-Account Platform”) that are linked to your Account(s). You acknowledge and agree that: (a) the purpose of the Sub-Accounts are to enhance the management of your Account(s) as a Seller, and you shall not use the Sub-Accounts for any other purposes (including, but not limited to, fraudulent or illegal activities); (b) while Sub-Accounts are not considered “Accounts” for the purposes of these Terms of Service, the provisions of this Section 5 shall apply mutatis mutandis to the Sub-Accounts, except that references to “Accounts” shall be to the Sub-Accounts; (c) Sub-Accounts can be configured to have access to your Account(s) and the same rights as your Account(s) (or parts thereof), and you expressly acknowledge and agree that: (i) you are solely responsible for creating and configuring Sub-Accounts, and granting and controlling third party access to the Sub-Accounts; (ii) any third parties to whom you grant access to your Sub-Accounts will have the ability to access and operate your Account; (iii) we shall be entitled to treat any actions of the Sub-Accounts as actions of your Account; and (iv) you shall be responsible for all actions of the Sub-Accounts; and (d) Etsy reserves the right to amend or terminate the operation of the Sub-Account Platform and to close any Sub-Accounts at any time in its sole discretion.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Etsy may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items Policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Etsy;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Shoppe platform, open a user account, or otherwise access your user account using any non-official Shoppe hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User's listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Etsy with respect to the Services and/or data transmitted, processed or stored by Etsy;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of Etsy, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Etsy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Etsy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Shoppe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Etsy and its designees shall have the right to remove any Content (a) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (b) if we receive a complaint from another User; (c) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (d) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Etsy or submitted to Etsy, including, without limitation, information in Etsy Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Etsy may access, preserve and/or disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Etsy or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Shoppe, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
a. Listing deletion
b. Limits placed on Account privileges
c. Account suspension and subsequent termination
d. Criminal charges
e. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact etsyapp.one@gmail.com.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Etsy does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Etsy in any way and Etsy is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Site.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online form here and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Etsy will respond to your complaint as soon as practicable.
8.4 Complaints under this Section 8 must be provided in the form prescribed by Etsy, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable Etsy to assess the complaint; (d) URL(s) of the listing(s) which contains the alleged infringement; (e) sufficient information to allow Etsy to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
8.5 Etsy acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, Etsy generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law.
8.6 Without limitation to the indemnity at Section 32, each and every Seller agrees to indemnify and hold Etsy and its Affiliates harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any intellectual property infringement claim, complaint, or violation relating to any Content or product listings, and/or (b) any removal of such Content or product listings pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.
9. PURCHASE AND PAYMENT
9.1 Etsy supports one or more of the following payment methods:
9.2 Buyers may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Etsy takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or a wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
10. SELLER BALANCE
10.1 Seller Balance facilitates the storage of money Sellers receive from their sales. The sum of this money, minus any withdrawals, will be reflected as a Seller Balance.
10.2 Sellers may transfer funds from the Seller Balance to their linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) up to per day. Etsy may also automatically transfer funds from the Seller Balance to a Seller's Linked Account on a regular basis, as determined by Etsy. Etsy shall only process such transfers on business days and such transfers may take one (1) to three (3) business days to be reflected in a Seller’s Linked Account.
10.3 Currently, Etsy can only pay you through third-party payment channels. Therefore, you must provide Etsy with your payment details in order to collect payment (For example, product sale proceeds or Etsy refunds).
10.4 Payment for goods you sell on Etsy will be credited to your seller wallet within seven (7) days after the goods are delivered to the buyer or immediately after the buyer confirms receipt of the goods.
10.5 Once submitted, Seller may not modify or cancel a Withdrawal Request.
10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to debit the amount and applicable fees from your Seller Balance in the future.
10.7 You authorize us to initiate debit or credit entries to your Seller Balance:
(a) Correct any errors in the processing of any transaction;
(b) Etsy determines that you have engaged in fraudulent or suspicious activities and/or transactions;
(c) In relation to any lost, damaged or incorrect items;
(d) In connection with any offers or discounts;
(e) In relation to any uncollected fees;
(f) In connection with the resolution of any transaction disputes, including any compensation by or from you;
(g) In relation to any prohibited items or items detained by customs;
(i) In connection with changes agreed between the buyer and the seller;
(j) You have enabled the advertising credit reload function to purchase advertising credits and your advertising credits have dropped below the minimum level of advertising credits.
10.8 If your Account has been terminated, deactivated, or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as Etsy may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account. The amount and frequency of such fee shall as Etsy may prescribe from time to time.
11. ETSY GUARANTEE
11.1 Etsy Guarantee is a service provided by Etsy or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Etsy or its authorised agent (“Etsy Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Etsy Guarantee Account.
11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Etsy Guarantee Account until:
(a) Buyer sends confirmation to Etsy that Buyer has received his/her goods, in which case, unless 11.2(d) applies, Etsy will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), Transaction Fee (defined below), Commission Fee (defined below) and (if applicable) the Cross Border Fee (defined below)) in Etsy Guarantee Account to Seller;
(b) Etsy Guarantee Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, Etsy will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee (defined below), Commission Fee (defined below) and (if applicable) the Cross Border Fee (defined below)) in Etsy Guarantee Account to Seller;
(c) Etsy determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, Etsy will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as Etsy reasonably determines that a distribution of Buyer’s Purchase Monies (less the Transaction Fee (defined below), Commission Fee (defined below) and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Etsy Guarantee is only offered to Buyers who have made payment through the channels provided by Shoppe into Etsy Guarantee Account. Payments made outside the Etsy Platform between Buyer and Seller will not be covered under Etsy Guarantee.
11.3 Payments made through Etsy channels will be held in the Etsy Guarantee Account for a specified period of time (the “Etsy Guarantee Period”). To find out more about the Etsy Guarantee Period, please click this link. Buyer may apply for a one-time extension of Etsy Guarantee Period prior to the expiry of the applicable Etsy Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Etsy Guarantee Period may be extended for a.
12. DELIVERY
12.1 Etsy will notify sellers when Etsy receives purchase payment from the buyer. Unless otherwise agreed with Etsy, Seller will take the necessary measures to deliver the purchased item to the Buyer and provide details such as delivery company name, tracking number, etc. to Buyers through the Site.
12.2 Seller shall use its best efforts to ensure that Buyer receives the purchased item (for offline payments) within Etsy's warranty period or the period specified by the Seller in the Seller's listing (whichever conditions apply).
12.3 The User understands that the Seller bears all risks associated with the delivery of the items purchased and warrants that it has or will have adequate insurance for the delivery of the items purchased. If purchased goods are damaged, lost or not delivered during the delivery process, the user acknowledges and agrees that Etsy shall not be responsible for any damages, costs, expenses incurred and The seller and/or buyer will contact the logistics service provider to contact us. resolve those disputes.
12.4 For cross-border transactions. The User understands and acknowledges that if the product listing indicates that the product will be shipped from overseas, then the product will be sold from a seller located outside of Singapore and the import and export of the product is subject to the laws and regulations. local regulations. Users should familiarize themselves with all import and export restrictions applicable to a given country. The user acknowledges that taobaovn cannot provide any legal advice on this matter and agrees that taobaovn does not assume any risk or liability related to the import or export of such products to Singapore.
12.5 If the Buyer chooses to have the purchased items delivered via Singapore First Class Post, all shipping costs of the purchased items will be borne entirely by the Seller.
12.6 If the Buyer chooses to have the goods delivered by any other shipping method, the charges payable to the delivery company ("Shipping") will be borne by the Buyer, the Seller and Etsy at the rate determined by Etsy and Etsy. identify. occasionally posted on the website. Etsy will (i) charge Buyer's shipping fee as a percentage of Buyer's shipping, (ii) deduct Seller's shipping percentage from Buyer's purchase price in accordance with Section 12.2, and (iii) pay Total shipping costs to Buyer's shipping company.
12.7 For the avoidance of doubt, any logistics services supported by Etsy are provided to buyers and sellers for the transportation of foreign goods from outside Singapore to destinations within Singapore, as well as ground logistics services for local shipping charges, are provided by the Management or privately owned by Etsy Express with limitations
13. CANCELLATION, RETURN AND REFUND
13.1 A buyer may only cancel an order before the buyer's purchase price has been paid to an Etsy secured account.
13.2 Buyers may request returns and refunds (if applicable) prior to the expiration of Etsy's warranty period, subject to and subject to Etsy's returns and refunds policy. Please see Etsy's Refunds and Returns Policy for more information.
13.3 Etsy reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer's sole remedy is to receive a refund of Buyer's purchase price paid to Etsy's secure account.
13.4 Etsy does not monitor cancellations, returns and refunds of offline payments.
13.5 Refunds to buyers will be made to their Etsy wallet within five (5) days of approval of the return or refund request.
14. SELLER’S RESPONSIBILITIES
14.1 Seller must properly manage and ensure that prices, product details, inventory quantities, terms and conditions of sale and other relevant information are promptly updated on its listings. sellers and they may not post inaccurate or misleading information.
14.2 The selling price of the items will be determined by the Seller. Prices and shipping charges for items will include all charges to the Buyer such as sales tax, VAT, customs duties, etc. and the Seller will not charge such additional fees to the Buyer.
14.3 Seller agrees that Etsy may, at its sole discretion, participate in promotions through price reductions, discounts or refunds or other means to induce transactions between Buyers and Sellers. The final price actually paid by the Buyer will be the price to which such adjustments apply.
14.4 To promote the sale of goods listed by sellers, Etsy may post such items (price adjusted) on third party websites (such as portals and price comparison sites) and other other website (domestic or foreign) operated by Etsy.
14.5 The Seller will issue a receipt, credit card receipt or tax invoice to the Buyer upon the Buyer's request.
14.6 Seller acknowledges and agrees that Seller shall be responsible for payment of all taxes, duties and obligations on goods sold and that Etsy cannot provide any legal or tax advice regarding this problem. As tax laws and regulations can change from time to time, sellers should seek specialist advice if in doubt.
14.7 Seller acknowledges and agrees that Seller's violation of any of Etsy's policies will result in a series of actions as described in Section 7.1.
15. PAID ADVERTISING
15.1 Etsy provides keyword advertising ("Keyword Ads") and other advertising services, including participating in flash sales ("Flash sale ads") (Keyword Ads and Flash Ads sale hereinafter collectively referred to as "Paid Advertising") it of
Paid advertising sites and other sites. Sellers can purchase paid advertising services. Etsy provides paid advertising services subject to these Terms of Service and any explanatory materials posted on this site, paid advertising site or communicated to sellers in writing (hereinafter referred to as "Paid advertising rules"). Merchants who purchase paid advertising services agree to be bound by the paid advertising rules. If you do not agree to be bound by the Paid Advertising Rules, please do not purchase any Paid Advertising Services.
15.2 To purchase Paid Advertising Services, you must be a qualified seller under the Paid Advertising Rules. Your account may not be suspended when you purchase and pay for paid advertising services.
15.3 You may purchase paid advertising services by purchasing advertising points (“Ad Points”) on paid advertising websites or other websites and Etsy will deduct the fees paid for paid advertising services. fees from advertising spots. All advertising credits are subject to Goods and Services Tax and expire six (6) months after purchase or such other time as determined by Etsy. Unless otherwise stated in the applicable paid advertising rules, you may not cancel an order and/or request a refund after purchasing advertising credits and completing the checkout process.
15.4 If your advertising points balance is lower than the amount you set ("Ad Points Minimum Amount"), you can also choose to automatically refill advertising points through your merchant wallet ("Functionality") load advertising points"). When activating the advertising points top-up function, you can choose the minimum number of advertising points and the refill amount, and you agree to deduct funds from your merchant wallet in accordance with Article 10 of these Terms of Service.
15.5 You can choose to purchase keyword advertising services when listing an item for sale or afterward. When buying keyword ads, you can set your budget, keywords, marketing cycle, and more. different for each project according to paid advertising rules. The keyword advertising service for each item will be activated and expire on the corresponding date set by you ("Paid Advertising Period"). If a product is sold or not available during the paid advertising time you set for that product, you will not have the right to transfer the remaining paid advertising time or advertising credits to another product. Advertising credits will also not be refunded.
15.6 You may choose to purchase Flash Deal advertising services within the time period specified by Etsy. When you purchase Flash Deal Advertising Services, you may specify the items to be included in the Flash Deal and Etsy may include such items in the Flash Deal at its sole discretion. Advertising credits once used are not transferable to other items, regardless of whether those items are sold/unsold or not listed during the flash sale period. Advertising credits will also not be refunded.
15.7 The items you list on the Site must comply with all relevant laws and regulations, paid advertising rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Etsy has the right to immediately remove any listing that violates any of the foregoing and any paid advertising fees you have paid or advertising credits you have used for any Any listing removed pursuant to Section 15.7 will not be refunded. is not responsible for any loss caused by deleted goods in Article 15.7.
15.8 You understand and agree that Etsy does not guarantee or warrant that your product ratings or sales will increase as a result of its paid advertising services.
15.9 You should only purchase paid advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or Paid Advertising Rules, Etsy assumes no responsibility or liability (including but not limited to actual costs and lost profits) with respect to the results or anticipated results of any paid advertising. Advertising services.
15.10 If, notwithstanding anything in these Terms of Service, a court of competent jurisdiction finds Etsy liable (including gross negligence) for any Paid Advertising Services , then to the maximum extent permitted, liability shall be limited to you or any third party only to the extent that you are the Amounts paid for paid advertising services.
16. PURCHASE AND SALE OF ALCOHOL AND TOBACCO OR TOBACCO-RELATED PRODUCTS
16.1 The purchase and sale of alcoholic products (“Alcohol”) and tobacco or tobacco-related products, including without limitation electric cigarettes (“Tobacco Products”) on the Site is permitted by Etsy subject to the terms and conditions of this Section 16. If you are a buyer of Alcohol (“Alcohol Buyer”) or Tobacco Products (“Tobacco Products Buyer”), you will be deemed to have consented to the terms and conditions in this Section 16 when you purchase Alcohol or Tobacco Products on the Site. Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”) or Tobacco Products (“Tobacco Products Seller”), you will be deemed to have consented to the terms and conditions in this Section 16 when you sell Alcohol or Tobacco Products on the Site.
16.2 If you are an Alcohol Buyer or Tobacco Products Buyer:
(a) you represent and warrant that you and (if applicable) the person receiving the Alcohol or Tobacco Products (“Recipient”) are aged 18 or above; and
(b) if requested by an Alcohol Seller, Tobacco Products Seller or Etsy (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.
16.3 If you are an Alcohol Seller or Tobacco Products Seller, you represent and warrant that:
(a) You hold all necessary licences and/or permits to sell Alcohol or Tobacco Products through the Site, and shall provide a copy of such licences and/or permits and supporting documents to Etsy immediately upon request for verification purposes; and
(b) All information and documents provided to Etsy are true and accurate.
16.4 When delivering Alcohol to an Alcohol Buyer:
(a) The delivery agent reserves the right to request for valid photo identification for age verification purposes; and
(b) Etsy (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.
16.5 When delivering Tobacco Products to Tobacco Products Buyer:
(a) the delivery agent reserves the right to request for valid photo identification for age verification purposes; and
(b) Etsy (via the delivery agent) reserves the right to refuse the delivery of Tobacco Products if the Tobacco Products Buyer and/or the Recipient is unable to provide valid photo identification for age verification purposes.
16.6 Each Alcohol Buyer and Alcohol Seller, and each Tobacco Products Buyer and Tobacco Products Seller, severally agrees to indemnify, defend and hold harmless Etsy, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any inaccuracy or breach of its representations in Section 16.2 and/or Section 16.3 (as applicable); and (b) its breach of any law or any rights of a third party.
17. Transaction fees
17.1 Etsy charges a fee (“Transaction Fee”) for all successful transactions completed on the Site. The transaction packaging is paid by the seller and is calculated as two percent (2%) of the buyer's purchase price, rounded to the nearest cent. Transaction fees are subject to GST ("Tax") which must be borne by the seller.
17.2 For Sellers outside of Singapore, Etsy will charge a fee for all successful transactions completed on the Site ("Cross-Border Fees"). Cross-border fees are borne by the seller and are calculated based on the rating communicated to the seller
from time to time on the website.
18. Register overseas suppliers
18.1 For overseas sellers of digital services covered by the Overseas Supplier Registration Regime (“Overseas Digital Services Sellers”), digital services provided issued to purchasers (i.e. individuals and non-GST registered businesses) are subject to GST (“OVR”) GST). amount of money"). If the buyer is GST registered, it is the responsibility of the GST registered buyer to provide Etsy and the seller with their GST registration number as proof that they are indeed GST registered. From 1 January 2023, the scope of the overseas supplier registration regime will be expanded to include non-digital services that can be provided and received remotely, as well as goods with Low value sold by seller outside Singapore.
18.2 Etsy will deduct and promptly remit the appropriate GST OVR amount to the tax authorities. Overseas sellers of digital services must ensure that all applicable taxes (if any) charged on the sale of digital services are properly applied. Foreign sellers of digital services must cooperate and endeavor to provide Etsy with all information necessary to comply with applicable tax requirements under the foreign supplier registration regime. From 1 January 2023, the scope of the overseas supplier registration regime will be expanded to include non-digital services that can be provided and received remotely, as well as goods with Low value sold by seller outside Singapore.
19. Controversy
19.1 If there is a problem with a transaction, it will be resolved according to Etsy's policies.
19.2 Each Buyer and Seller undertakes and agrees not to sue or assert any claim against Etsy or its affiliates (unless taobaovn or its affiliates are the seller of the products complained of). complaints) in connection with any transaction. THE SITE OR ANY DISPUTE RELATING TO SUCH TRANSACTIONS.
19.3 Users covered by Etsy may submit written requests to Etsy to help them resolve issues arising from the transaction. Etsy may, in its sole discretion, take any necessary measures to help users resolve disputes and has absolutely no liability to sellers or buyers. For more information, please see Etsy's returns and refunds policy.
19.4 For clarity, the services provided under clause 23 are only available to purchasers covered by Etsy's warranty. Buyers purchasing using other payment methods should contact the seller directly.
20. Feedback
20.1 Etsy welcomes information and feedback from users, which will help Etsy improve the quality of services provided. Please see the feedback process below for more information:
(a) Feedback may be provided via email or in writing using the feedback form on the Application.
(b) Anonymous responses will not be accepted.
(c) Users affected by the response must be fully informed of all the facts and have an opportunity to present their case.
(d) Vague and defamatory responses will not be accepted.
21. Disclaimer
21.1 The Services are provided "as is" without any warranties, claims or representations of any kind, whether express, implied or statutory, including but not limited to warranty of quality, fitness for a particular purpose or fitness for a particular purpose. No warranty whatsoever arises from course of dealing, course of performance or course of trade. Without limiting the foregoing and to the maximum extent permitted by applicable law, Etsy does not warrant that the Services, the Site or features therein will be available, accessible, interrupted, error-free, timely, secure or with security flaws. (such as yes) will be corrected, or this website and/or the server causing the error is free of viruses, clocks, timers, counters, worms,
21.2 You acknowledge that to the maximum extent permitted by applicable law, the entire risk arising from the use or performance of the Website and/or Services rests with you.
21.3 To the maximum extent permitted by applicable law, Etsy has no control over and does not warrant or assume any responsibility for: (A) the purpose, existence, quality, safety or suitability solution of available items; or (B) the sale of the goods by the seller or the solvency of the buyer of the goods. In the event a dispute arises involving one or more Users, such Users agree to resolve such dispute directly between themselves and to the fullest extent permitted by applicable law, the Publisher and its affiliates. Publisher and its affiliates or in connection with any such dispute.
22. Exclusions and limitations of liability
22.1 To the maximum extent permitted by applicable law, all liabilities arising under contract, warranty, tort (including but not limited to negligence (whether active or passive) or construction), products liability or other liability) under law, equity, statute or otherwise Other causes of action for other reasons:
(A) loss of use; (B) loss of profits; (C) loss of revenue; (D) data loss; (E) loss of reputation; or (F) failure to realize the expected savings, whether directly or indirectly by; or
or any indirect, incidental, special or consequential damages arising out of or in connection with the use or inability to use the site or services, including without limitation any damages of any kind arising therefrom, even if damages are expressly stated.
22.2 You acknowledge and agree that your sole right with respect to any problems or dissatisfaction with the Services is to request termination of your account and/or discontinue use of the Services.
22.3 If, notwithstanding the preceding paragraph, Etsy is found by a court of competent jurisdiction to be liable (including gross negligence), then to the maximum extent permitted by applicable law, Its liability to you or to you shall be the lesser of: ( A) ANY PAYMENTS TO YOU UNDER THE STORE'S WARRANTY;.
22.4 Nothing in these Terms of Service shall limit or exclude liability for death or personal injury caused by the Buyer's negligence, fraud or any other liability. of Shoppers that cannot be excluded and excluded/excluded.
23. Links to third-party websites and videos shared from YouTube
23.1 Third party links provided on this website will take you away from this website. These links are provided as a courtesy only and the websites they link to are not controlled by Etsy in any way, so you access them at your own risk. Etsy is not responsible for the contents of any linked site or any link contained in a linked site, including any changes or updates to such sites. Etsy is providing these links only as a convenience, and the inclusion of any link does not imply or represent affiliation, endorsement or sponsorship by Etsy of any linked site and/or any content on it.
23.2 Etsy allows you to share videos from YouTube on Etsy's live streaming feature ("YouTube Content"). By sharing YouTube content, you agree to be bound by YouTube's Terms of Service (https://www.youtube.com/t/terms).
24. Your Contributions to the Services
24.1 By submitting Content for inclusion on the Service, you represent and warrant that you have all rights and/or permissions necessary to grant Etsy the license below. Additionally, you acknowledge and agree that you are solely responsible for any Content you post or otherwise make available on or through the Services, including but not limited to its accuracy, reliability, substance, express rights, compliance with all laws and regulations relating to any contribution of Content. Laws and Legal Restrictions: You grant to Etsy and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license and may transfer to use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform such content contributions in any media format and through any communication channel within or in connection with the Services, including but not limited to the promotion and redistribution of portions of the Services (and the Works derivatives) without attribution, and you agree to waive all moral rights (and any similar rights anywhere in the world) in this regard. You understand that your Contributions may be transmitted over various networks and modified to conform and adapt to technical requirements.
24.2 Any content, materials, information or ideas you post on or through the Services or transmit to Etsy in any manner (each, a “Submission”) will not be considered by Etsy as confidential and may be disseminated or used by Etsy without compensation or liability to you for any purpose whatsoever including but not limited to developing, manufacturing and marketing products. By submitting content to Etsy, you acknowledge and agree that Etsy and/or other third parties may independently develop software, applications, interfaces, products, and similar modifications and improvements. similar in functionality, code, or features to what is recommended in your account. submit. idea. You hereby grant to Etsy and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop the above projects and use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform any submission to The Services in any media format and through any media channel, including but not limited to the promotion and redistribution of portions of the Services (and derivative works thereof). These Terms do not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Services. In any media format and in any media channel through or in connection with the Services, including without limitation the promotion and redistribution of portions of the Services (and derivative works of them). These Terms do not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Services. In any media format and in any media channel through or in connection with the Services, including without limitation the promotion and redistribution of portions of the Services (and derivative works of them). These Terms do not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Services.
25. Third party contributions to external services and links
25.1 Each person who contributes data, text, images, audio, video, software and other content to the Service is solely responsible for its accuracy, reliability, nature, clear rights, comply with laws and legal restrictions regarding your content contributions. Accordingly, Etsy is not responsible for, and will not regularly monitor or audit, any Content Contributions for accuracy, reliability, nature, rights clearance, legal compliance, and legal restrictions. You will not hold Etsy responsible for the acts or omissions of any user, including without limitation the content they post or otherwise make available through the Services.
25.2 In addition, the Services may contain links to third party products, websites, services and offers. These third-party links, products, sites and services are not owned or controlled by Etsy. Rather, they are operated by and are the property of their respective third parties and may be protected by applicable copyright or other intellectual property laws and treaties. Etsy has not reviewed and is not responsible for the content, functionality, security, services, privacy policies or other practices of these third parties. We encourage you to read other terms and policies posted by third parties on their websites or elsewhere. By using the Services, you agree that Etsy shall not be responsible in any way for your use or inability to use any site or facility.
26. Your Representations and Warranties
You represent and warrant that: (A) you have the legal capacity (in the case of a minor, valid parental or legal guardian consent), right and ability to participate in these Terms of Service and comply with them. and (B) The Services will be used only for lawful purposes in accordance with these Terms of Service and all applicable laws, rules, regulations, directives, guidelines, policies and regulations.
27. Fraudulent or Suspicious Activity
If Etsy, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activities and/or transactions, we may take various actions to protect Etsy, other buyers or sellers, other third parties, or you from recalls, chargebacks, claims, fees, fines, penalties, and any other liability. Actions we may take include but are not limited to the following:
(a) We may close, suspend or restrict your access to your account or the Services and/or suspend the processing of any transactions;
(b) We may suspend your Etsy Guarantee eligibility;
(c) We may hold, use or transfer funds in your account as required by judgments and orders affecting you or your account, including judgments and orders made by courts in Singapore or otherwise issued against Etsy;
(d) we may refuse to provide services to you now or in the future;
(e) We may hold your funds for as long as necessary to protect Etsy or third parties from liability risks or if we believe you may engage in activities and/ or potentially fraudulent or suspicious transactions.
For the purposes of this section:
"chargeback" is a request made by the buyer directly to his or her debit or credit card company or credit card issuer to void the payment.
“Claim” means a claim for payment submitted directly to Etsy by a Buyer or Seller.
"Revert" means that Etsy reverses the payment because
(a) the payment was invalid by the sender's bank, (b) was sent to you by Etsy in error, (c) the person sending the payment was not authorized to send the payment (for example: sent using a stolen credit card), (d) you receive payment for activity that violates these Terms of Service or any other Etsy policy, or (e) Etsy decides to send complaint against you.
28. Compensation
You agree to indemnify, defend and hold harmless Etsy and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees (collectively, "The indemnified party") harmless from any and all injuries, claimed actions, actions and proceedings and all other liabilities, damages, , fines, penalties, costs and related expenses (including without limitation any other dispute resolution fees) of any Indemnified Party arising out of or in connection with (a) any transaction made on this site, or any dispute related to such transaction (unless Etsy or its affiliates are the seller in the transaction to which the dispute relates), (b ) Etsy warrants, (c) the operation, operation, management and/or administration of the Services by or on behalf of Etsy, (d) your breach or violation of any provision of the Terms of Service this or any policy or guideline referred to herein, (e) your use or misuse of the Services, (f) your violation of any law or any right of a party third, (g) any content you upload.
29. Separateness
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable under the laws of any jurisdiction, then such provision shall be deemed severable from these terms and conditions and no remaining provisions shall affect their validity and enforceability in any other jurisdiction, nor shall any remaining provisions affect their validity and enforceability in any other jurisdiction. enforcement of the relevant provision under the law of any other jurisdiction.
30. GOVERNING LAW
These Terms of Service shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded to their extent. Except as otherwise provided by applicable law, any dispute, controversy, claim or controversy arising out of or relating to these Terms of Service against Etsy or any indemnified party hereunder shall be submission and finally the Submission will be resolved by arbitration in Hong Kong under the Hong Kong Courts. The Arbitration Rules of the Kong International Arbitration Center are then in effect, which rules are deemed to be incorporated by reference into this Section. There will be one (1) arbitrator and the language of arbitration will be English.
31. GENERAL PROVISIONS
31.1 Etsy reserves all rights not expressly granted herein.
31.2 Etsy may modify these Terms of Service at any time by posting the revised Terms of Service on this website. Your continued use of the Site following the posting of such changes constitutes your acceptance of such revised Terms of Service.
31.3 You may not assign, sub-license or transfer any of the rights granted to you or sub-contract any of your obligations under this Agreement.
31.4 Nothing in these Terms of Service creates a partnership, joint venture or agency relationship between you and Etsy, nor does it authorize you to assume any costs or liability on behalf of for Etsy.
31.5 Etsy's failure at any time to require performance of any provision of this Agreement shall not affect its right to enforce such provision at a later date unless such provision is waived in writing.
31.6 These Terms of Service are for your and our benefit only, and not for the benefit of any other person or entity, other than Etsy's affiliates and subsidiaries (and their respective companies). successors and respective subsidiaries of Etsy and its affiliates and subsidiaries).
31.7 The terms set forth in these Terms of Service and any agreements and policies contained or referred to in these Terms of Service constitute the entire agreement and understanding between the parties with respect to the Services and the Site website, and supersedes any prior agreements or understandings between the parties with respect thereto. The parties also exclude all terms implied in fact. In entering into the agreement formed by these Terms of Service, the parties do not rely on any statement, representation, warranty, understanding, promise, undertaking or assurance of any other person. other than as expressly provided in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies it may have with respect to any of the foregoing except this Section.
31.8 You agree to comply with all applicable laws, rules, regulations and guidelines relating to anti-bribery and corruption, including without limitation the United States Foreign Corrupt Practices Act and the United States Foreign Corrupt Practices Act. Hong Kong anti-corruption laws, and acknowledge that you have and should establish the necessary policies to ensure compliance with such requirements All policies and procedures.
32. About Etsy's order processing policy.
The Vietnam Etsy Dropshipping model system is affiliated and operates based on the regulations and platform of the e-commerce platform Etsy, so when you join Etsy you must follow Etsy's order processing process.
When you receive an order from a buyer, you need to process it within 24 hours from the time the store receives the order.
After 24 hours, if the store has not yet processed the received order, this behavior violates the agent's policies and terms of operation. To avoid additional costs for related units and partners, agents will receive reminder notices and be subject to a warning fee.
Level 1 (Corresponding to 10% - 30% of the total order value received by the store).
Then:
- Within 24 hours of receiving notification from Etsy: The store clearly understands and voluntarily pays the Level 1 warning fee and processes all orders currently being received. The above penalty fee will be refunded to store wallet after 48 hours and your store will continue to operate normally.
- Within 48 hours of the store receiving a late order and you continue to violate the agent's policies and terms of operation, you will be subject to a warning fee.
Level 2 (Corresponding to 30% of the total order value received by the store).
When you refuse to pay the above fines, it means you unilaterally request to stop doing business with Etsy. Etsy will close the store and freeze all transactions arising from your account system-wide.
As a representative of the store, you clearly understand and voluntarily pay the penalty fees that have arisen and process all orders that the store is receiving, then Etsy will consider waiving any losses that Etsy has incurred. bear the brunt of your store's erratic operations, and at the same time, Etsy will support your store to continue operating normally.
However, when Etsy receives information that your store continues to violate the agency's policies and terms of operation: Etsy will proceed with procedures to permanently close the store - exempting all responsibilities related to it. The agent's business issues are aimed at minimizing costs incurred and protecting the reputation of the store and related partners with customers.
During the 7-day period (Excluding Holidays, New Year, Saturday and Sunday) when Etsy considers closing the store, all transaction features related to your store will be limited.
When a final decision is made, Etsy will liquidate the violating store in accordance with the working process prescribed by the Etsy corporation. Specifically: All benefits and management rights of the violating store will be handled in the form of public bidding at the monthly shareholder meeting.
All remaining money in the account after completing specific deductions according to the attached list of items will be transferred by Etsy to the Executive Board of the United Nations Children's Fund (abbreviated as UNICEF) for use. used to support child rights campaigns.
Deductions include (if any):
1. Commissions outside of capital
2. Level 1 warning
3.Level 2 warning
4.Agent support money
5.Personal income tax (Applicable according to current personal income tax law)
6. Currency conversion fee (only applicable to foreign currency transactions)
Legal Notices: Please send all legal notices to Etsy and attention to "General Counsel".
I have read this Agreement and agree to all of the above terms and any amendments thereto. By clicking the "SIGN UP" or "CONNECT TO FACEBOOK" button during the registration process, I understand that I am creating an electronic signature that I hope has the same power and effect as if I signed my name. yourself manually.
Last updated: 1 January 2024
