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