OVERSTOCK
seller channel
Terms of Service
1. Introduction
1.1 OVERSTOCK e-commerce transactions are
welcome through the website interface or mobile application (“OVERSTOCK Page”). Before using OVERSTOCK's website or creating a OVERSTOCK account
("Account"), please read the following terms of service and OVERSTOCK's
e-commerce platform operation regulations to clearly understand its
relationship with OVERSTOCK Co., Ltd and OVERSTOCK's affiliates and
subsidiaries (hereinafter referred to as OVERSTOCK). "OVERSTOCK",
collectively "us", "us", "our") legal rights and
obligations. The "Services" we provide or provide include (a) the OVERSTOCK
Website, (b) the services provided by the OVERSTOCK Website and the OVERSTOCK
Client Software available on the OVERSTOCK 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 OVERSTOCK from the website or related services of the OVERSTOCK
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 OVERSTOCK.
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. OVERSTOCK
does not interfere with transactions between users. OVERSTOCK may or may not
pre-screen users or user-provided content or information. OVERSTOCK reserves
the right to reOVERSTOCK any content or information on the OVERSTOCK website in
accordance with clause 6.4 below. OVERSTOCK does not guarantee that the user
will actually complete the transaction. notes,
1.3 Before becoming a user of the OVERSTOCK
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 OVERSTOCK reserves the right to
change, modify, suspend or terminate all or any part of the OVERSTOCK 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 OVERSTOCK reserves the right to refuse
your account opening request or access to OVERSTOCK website or services in
accordance with the law and terms of service.
By using the Service or creating an
account with OVERSTOCK, 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 OVERSTOCK 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 OVERSTOCK account or services,
but not specifically.
2. Privacy
2.1 OVERSTOCK takes the security of your
information very seriously. To protect the interests of users, OVERSTOCK
provides a privacy policy on OVERSTOCK.vn that explains OVERSTOCK's security
practices in detail. Please refer to the Privacy Policy to understand how OVERSTOCK
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 OVERSTOCK website, users:
Allow OVERSTOCK 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 OVERSTOCK's
website is jointly owned by you and OVERSTOCK; 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 OVERSTOCK 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 OVERSTOCK's website are owned by OVERSTOCK
and third-party owners, as applicable. No party accessing the OVERSTOCK 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 OVERSTOCK
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 OVERSTOCK Site and the
contents of the OVERSTOCK Site. You agree not to reproduce, distribute,
republish, transmit, publicly disclose, publicly perform, modify, adapt, rent,
sell or create any portion of the Services, OVERSTOCK Sites and derivative
works of OVERSTOCK Site content. You may not copy or modify any part or all of
the OVERSTOCK website on any server or as part of any other website without OVERSTOCK's
prior written consent. In addition, you agree not to use any robots,
3.2 OVERSTOCK allows connections to the OVERSTOCK
Website from the User's Website, provided that the User's Website is not
construed as an endorsement or link to OVERSTOCK of any kind.
4. Software
Any software provided by OVERSTOCK to
users is subject to these Terms of Service. OVERSTOCK reserves all rights with
respect to the software not expressly granted herein by OVERSTOCK. Any script
or code linked to or referenced from the Services is licensed to you by a third
party, not OVERSTOCK, 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 OVERSTOCK
permits, is associated with or is using. OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK
website, and (c) promptly notify OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK
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 OVERSTOCK 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 OVERSTOCK Sites),
(h) engaging in harmful actions against other users, third parties, or OVERSTOCK'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 OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK only if you meet the conditions for accepting these
Terms of Service.
6. Terms of Use
6.1 The license to use the OVERSTOCK
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, OVERSTOCK
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 OVERSTOCK'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) reOVERSTOCK any proprietary notices
from the OVERSTOCK website;
(g) cause, accept or authorize
modification, creation of derivative works or adaptation services without the
express permission of OVERSTOCK;
(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 OVERSTOCK e-commerce
platform, open an account or otherwise through any software or hardware not
approved or provided by OVERSTOCK, 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 OVERSTOCK'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 OVERSTOCK to the Service and/or
data transmitted, processed or stored by OVERSTOCK 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 OVERSTOCK;
(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 OVERSTOCK'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 OVERSTOCK, are solely responsible for
what you upload, post, email, transmit or otherwise make public on the OVERSTOCK
website. Users understand that by using the OVERSTOCK website, you may
encounter content that you deem objectionable, inappropriate or inappropriate. OVERSTOCK
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 OVERSTOCK website.
6.4 User acknowledges that OVERSTOCK and
its designees have the sole right (but not the obligation) to screen, reject,
delete, stop, suspend, reOVERSTOCK or reOVERSTOCK any content available on the
Site. OVERSTOCK website, including any content or information you post. OVERSTOCK
reserves the right to reOVERSTOCK (i) content that violates the Terms of
Service; (ii) if OVERSTOCK receives a valid claim made by other users in
accordance with the law; (iii) if OVERSTOCK 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, OVERSTOCK 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 OVERSTOCK, including
information locations on OVERSTOCK Forums or other parts of OVERSTOCK.
6.5 The user accepts and agrees that OVERSTOCK
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 OVERSTOCK 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 OVERSTOCK,
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 OVERSTOCK Policy.
7.2 If you find a user on our OVERSTOCK
website who violates the Terms of Service, please contact OVERSTOCK here.
8. Reporting potential inspections of
intellectual property
8.1 The user is an independent individual
or organization and is not affiliated with OVERSTOCK. OVERSTOCK is also not an
agent or representative of the user and does not own and/or own any merchandise
offered for sale on OVERSTOCK'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 OVERSTOCK
here. We will take reasonable time to process the information provided.
9. Orders and Payments
9.1 OVERSTOCK 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)
OVERSTOCK 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 OVERSTOCK 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. OVERSTOCK
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: OVERSTOCK will be responsible for
orders placed using OVERSTOCK Shipping Support.
9.4 At present, OVERSTOCK can only pay
users by bank transfer. Therefore, users need to provide bank account
information to OVERSTOCK in order to receive payment, that is, payment for
products sold or refunded from OVERSTOCK.
10. OVERSTOCK Account Balance
10.1 OVERSTOCK Account Balance is a
feature provided by OVERSTOCK 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 OVERSTOCK
account balance.
10.2 You may transfer the full amount
recorded in your OVERSTOCK Account Balance (up to the full amount in your OVERSTOCK
Account Balance) by submitting a remittance request to the bank account from
which you have provided OVERSTOCK with the information (the "Receiving
Account"). request ("Payment Request"). OVERSTOCK can also
automatically transfer the value identified in your OVERSTOCK account balance
to your receiving account on a regular basis based on your settings. Depending
on the relevant banking business, OVERSTOCK 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 OVERSTOCK page will be credited to the OVERSTOCK
account balance 10 (ten) days after the order is updated to delivery status.
Successful (for OVERSTOCK Mall orders), or 48 days later when the order is
updated to Delivery Successful status (for orders not belonging to OVERSTOCK
Mall) or hours after buyer confirms receipt. Purchases for Return/Refund Cash
on Payment (COD) orders will be credited to the OVERSTOCK 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 OVERSTOCK to correct the
error and credit or debit your receiving account, provided that the correction
complies with the relevant laws. If OVERSTOCK 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 OVERSTOCK, or
to the extent permitted by law, deduct credit or debit and related charges from
the credit balance in your OVERSTOCK account balance.
10.6 You authorize us to make a credit or
debit entry for the amount identified in your OVERSTOCK Account Balance for the
purpose of:
(i) correct any errors in the execution of
transactions;
(ii) OVERSTOCK 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. OVERSTOCK Warranty Policy
11.1 OVERSTOCK Guarantee is a service
provided by OVERSTOCK or a unit authorized by OVERSTOCK to protect
transactions. To prevent liability risk, the amount paid by Buyer to Seller for
an order will be retained by OVERSTOCK or a OVERSTOCK-authorized entity (“OVERSTOCK Guarantee Account”). The seller will not receive interest or any other benefit on
funds in the OVERSTOCK secured account.
11.2 After the Buyer has paid for the
Order ("Buyer Pays"), the Buyer's payment will remain in the OVERSTOCK
Guarantee Account until:
(a) Buyer sends OVERSTOCK confirmation
that he has received the item, in which case OVERSTOCK will transfer Buyer's
payment to Seller's OVERSTOCK Secured Account unless Clause 11.2(d) applies;
(b) If the OVERSTOCK Warranty Period (or
an extension approved pursuant to Clause 11.3) has expired, unless Clauses
11.2(c) and 11.2(d) apply, OVERSTOCK will transfer payment from the Buyer to
the OVERSTOCK Warranty Account the seller;
(c) If OVERSTOCK determines that Buyer's
return/refund request has been approved, OVERSTOCK will refund Buyer in
accordance with the terms of the Return Policy, unless Section 11.2(d) applies.
OVERSTOCK Merchandise and Refund.
(d) when OVERSTOCK reasonably determines
that it is reasonable to allocate buyer payments, including when OVERSTOCK
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 OVERSTOCK Warranty Policy.
11.3 Payments made through the OVERSTOCK
Payment Channel will remain in the OVERSTOCK Guarantee Account for a certain
period of time (“Riya Guarantee Period”). For more information on OVERSTOCK Guarantee Time, follow this
link .
11.4 If the Seller's bank account cannot
be credited and/or the Seller cannot be reached, OVERSTOCK will use the
information provided by the Seller to contact the Seller. If Seller cannot be
reached, OVERSTOCK 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 OVERSTOCK website by
themselves. OVERSTOCK 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 OVERSTOCK to use or provide his/her personal data
for Seller/Buyer to use OVERSTOCK Website. In addition, the seller/buyer
authorises OVERSTOCK to use his/her personal data to respond to any inquiries
that OVERSTOCK deems necessary to confirm the identity of the seller/buyer as
the seller/buyer bank to other organisations. Privacy Policy.
11.6 OVERSTOCK'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
OVERSTOCK's Warranty Policy. OVERSTOCK 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 OVERSTOCK is not responsible for the legal obligations of the
seller or buyer above. OVERSTOCK'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 OVERSTOCK Website will not be covered by
the OVERSTOCK Warranty.
12. OVERSTOCK Coin Points System
12.1 Users may accumulate Reward Points (“OVERSTOCK Coins”) on the OVERSTOCK Website by using the OVERSTOCK Guarantee system
or by participating in OVERSTOCK activities (“Qualifying
Activities”) at OVERSTOCK’s
sole discretion. ). Generally, OVERSTOCK Coins will be credited to user
accounts upon completion of a successful OVERSTOCK-approved transaction or
activity. If you are a user and your account is not eligible to participate,
you are eligible to participate in the OVERSTOCK Coin reward system.
12.2 Incomplete transactions using the OVERSTOCK
Guarantee on the OVERSTOCK website will not be eligible to participate in the OVERSTOCK
Coin reward system. OVERSTOCK reserves the right to exclude items that are not
subject to the OVERSTOCK Coin reward system.
12.3 OVERSTOCK 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 OVERSTOCK from time to time, and the restrictions
determined by OVERSTOCK at its sole discretion, the User may use OVERSTOCK
Coins by sending a request to OVERSTOCK, and use OVERSTOCK Coins to deduct from
the price of products in accordance with OVERSTOCK from time to time. purchases
on the OVERSTOCK website. All refunds are subject to the Returns and Refunds
Policy in Section 14.4.
12.5 The OVERSTOCK Coin you use will be
deducted from your OVERSTOCK Coin balance. Each OVERSTOCK Coin has an expiry
date. Please check your account details on the OVERSTOCK page for OVERSTOCK
Coin balances and expiration dates.
12.6 OVERSTOCK will notify you from time
to time that OVERSTOCK Coin Bonus Points will be applied to certain Qualifying
Activities. Eligible activities may include your purchases with participating
sellers or certain OVERSTOCK promotions. We will notify you from time to time
of the applicable terms of such reward programs.
12.7 If you have a claim for the amount of
OVERSTOCK Coins you have received from an Eligible Event, you must submit such
claim to OVERSTOCK (here) within one (01) month from the date of your successful
delivery. We may ask you to provide evidence to support your claim. OVERSTOCK
reserves the right to refuse to resolve a claim if the deadline for filing a
complaint has passed.
12.8 OVERSTOCK makes no guarantees and
accepts no liability for the tax liability of OVERSTOCK Coin. You should check
with your tax advisor if receiving OVERSTOCK Coins will affect your tax
liability.
12.9 To the extent required by applicable law,
OVERSTOCK reserves the right to (i) terminate the OVERSTOCK Coins Rewards
System at any time, and (ii) cancel or postpone User participation in the use
of the OVERSTOCK Coins Rewards System, including the right to acquire or use OVERSTOCK
Coins.
13. Female Shipping
13.1 After the order has been shipped
successfully, OVERSTOCK will receive payment from the buyer and notify the
seller. Unless otherwise agreed with OVERSTOCK, it is the seller's
responsibility to provide OVERSTOCK 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 OVERSTOCK
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 OVERSTOCK 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 OVERSTOCK cannot provide legal advice
in this regard, and agrees that OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK does not manage
cancellations, returns and refunds of orders traded between buyers and sellers
themselves.
14.4 If you paid in OVERSTOCK Coin and
received a refund based on OVERSTOCK’s Return and Refund Policy, OVERSTOCK will refund the amount you
paid for the item and the amount of OVERSTOCK 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 OVERSTOCK 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, OVERSTOCK 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 OVERSTOCK.
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 OVERSTOCK does not provide any legal or regulatory advice. If
necessary, the seller should use professional tax consulting services.
15.7 Seller acknowledges and agrees that
any breach of OVERSTOCK 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 OVERSTOCK may deduct fees and applicable taxes due to OVERSTOCK
from the sales amount paid by Buyer. OVERSTOCK 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 OVERSTOCK
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 OVERSTOCK 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%
OVERSTOCKPay Wallet 1.5%
16.4 Fixed Fees
OVERSTOCK accepts sellers/OVERSTOCK as
"Immediate Refunds" (Orders placed under "Delivered") or
orders with a return/refund request that are successfully conducted through the
OVERSTOCK 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 OVERSTOCK).
The flat fee is deducted directly from
each order when the sales proceeds are transferred to the seller's OVERSTOCK
account balance for withdrawal by the seller.
Seller agrees and irrevocably authorizes OVERSTOCK
to deduct the fees set forth in Section 16 of the Terms of Service from
Seller's OVERSTOCK Guarantee Account, OVERSTOCK Account Balance, or any amount
held by OVERSTOCK 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 (OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK
or its Affiliates (other than OVERSTOCK or its Affiliates) with respect to any
Products related to such Claims. Transactions made on the OVERSTOCK website or
any disputes related to it.
17.3 Users covered by OVERSTOCK
Safeguarding Policy may submit a written request to OVERSTOCK to assist in
resolving disputes arising from transactions. OVERSTOCK will take necessary
steps to assist users in resolving these disputes. Please see OVERSTOCK's
Returns and Refunds Policy for more details.
17.4 For greater clarity, support under
this clause 17 applies only to buyers of OVERSTOCK warranties. Buyers using
other payment methods can contact the seller directly.
18. Feedback
18.1 OVERSTOCK always receives information
and feedback from users to help OVERSTOCK improve service quality. See OVERSTOCK'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 OVERSTOCK 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 OVERSTOCK Website and/or OVERSTOCK Services
will accompany the User for a limited lifetime.
19.3 OVERSTOCK does not control, warrant
or assume responsibility for: (a) the suitability, existence, quality, safety
or legality of the products offered on the OVERSTOCK 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 OVERSTOCK
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 OVERSTOCK 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 OVERSTOCK website or services, including damages there, even if OVERSTOCK
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, OVERSTOCK'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 OVERSTOCK
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 OVERSTOCK
website will cause users to exit the OVERSTOCK website. These links may be
provided out of courtesy. Websites or applications accessed from these links
are not controlled by OVERSTOCK 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 OVERSTOCK 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.
OVERSTOCK 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 OVERSTOCK
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 OVERSTOCK
website. Acceptance of these additional terms and conditions will constitute
separate legal binding between you and such third party.
OVERSTOCK 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 OVERSTOCK. OVERSTOCK 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 OVERSTOCK's affiliation, endorsement or
endorsement of any linked site and/or any content therein.
OVERSTOCK allows you to share videos from
YouTube in the OVERSTOCK 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 OVERSTOCK,
you represent and warrant that you have obtained all necessary rights and/or
agree to grant OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK in any way, OVERSTOCK
will not be protected and may be subject to Disseminated or used by OVERSTOCK
or its affiliates for any purpose, including product development, production
and marketing, without charge or liability to users. By submitting content to OVERSTOCK,
you acknowledge and agree that OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK'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 OVERSTOCK'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 OVERSTOCK’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 OVERSTOCK'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 OVERSTOCK'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. OVERSTOCK will reOVERSTOCK 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 OVERSTOCK 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, OVERSTOCK 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 OVERSTOCK. 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. OVERSTOCK does not review and is not responsible for the content,
functionality, security, services, privacy policies or other practices of these
third parties. OVERSTOCK 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 OVERSTOCK is not responsible for your use or
inability to use any website or widget. You further acknowledge and agree that OVERSTOCK
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 OVERSTOCK, 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 OVERSTOCK website (unless OVERSTOCK or its affiliates are
the seller of the transaction related to the claim), (b) OVERSTOCK Warranty
Policy, (c) organized, operated, administered and/or executed by or on behalf
of OVERSTOCK, (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 OVERSTOCK 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 OVERSTOCK reserves all rights not
granted herein.
28.2 OVERSTOCK reserves the right to amend
these Terms of Service at any time by posting the revised Terms of Service on
the OVERSTOCK Website. User's continued use of the OVERSTOCK 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 OVERSTOCK.
28.5 OVERSTOCK's failure to perform any
provision of this Agreement at any time or time shall not in any way affect OVERSTOCK'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 OVERSTOCK and the User only, but for the benefit of any other person
or entity, excluding OVERSTOCK's affiliates and subsidiaries (and each
successor or assignee of OVERSTOCK 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 OVERSTOCK 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 OVERSTOCK Website or issues related to the
Terms of Service, please contact OVERSTOCK here.
Legal Notices: Please send all legal
notices to OVERSTOCK 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 OVERSTOCK 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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