TikTok Shop Terms of Use and Sales (MX)
Welcome to TikTok Shop! TikTok Shop is a third-party marketplace provided via the TikTok mobile application (“TikTok Platform”), allowing you to access, browse, make a purchase on, and otherwise use TikTok Shop, and providing features and services in connection with the foregoing, along with any other services we may provide from time to time (collectively, "TikTok Shop Services"). The entity providing the Platform to You provides You with TikTok Shop, which are subject to the Additional Jurisdiction-Specific Terms in this document. You can find details of the relevant entity providing the TikTok Platform and TikTok Shop to you in the TikTok Terms of Service. In these Terms the entity(ies) You are contracting with (“TikTok/Us/We/Our”) depends on Your usual residence. Where these Terms refer to a "TikTok Affiliate", this means any entity that directly or indirectly controls, is controlled by, or is under common control with Us.Your use of TikTok Shop is governed by: 1. the TikTok Terms of Service. TikTok Shop is a part of the “Platform”, as defined in the TikTok Terms of Service for the TikTok Platform, and is offered subject to the TikTok Terms of Service; 2. The TikTok Privacy Policy and any other specific terms accepted by you regarding the collection and processing of your personal data, and3. these Terms of Use and Sale ("TikTok Shop Terms of Use and Sale"), which apply in addition to the TikTok Terms of Service. These TikTok Shop Terms of Use and Sale are split into two sections:Section A: TikTok Shop Terms of Use. The TikTok Shop Terms of Use apply to anyone who accesses, browses, makes a purchase on, or otherwise uses TikTok Shop. This is a contract between you and TikTok; and Section B: TikTok Shop Terms of Sale. The TikTok Shop Terms of Sale apply (in addition to the TikTok Shop Terms of Use) with respect to any purchases of goods ("Products") made by buyers ("Buyers") from third party traders on TikTok Shop ("Merchants"). This is a contract between Buyers and the relevant Merchant. By using TikTok Shop (or clicking “Buy Now” or otherwise placing an order), you agree that (1) you can form a legally binding contract with TikTok, that you accept the TikTok Shop Terms of Use and that you will comply with them; and (2) you can form a legally binding contract with the relevant Merchant, that you accept the TikTok Shop Terms of Sale with the relevant Merchant, and that you will comply with them. The TikTok Shop Terms of Use will continue in force until they are terminated by either party in accordance with their termination provisions.In the event of any conflict between these TikTok Shop Terms of Use and Sale and the TikTok Terms of Service, for the purposes of your use of or access to TikTok Shop, these TikTok Shop Terms of Use and Sale will prevail to the extent of any inconsistency.Any capitalized terms not defined in these TikTok Shop Terms of Use and Sale but defined in the TikTok Terms of Service have the meaning given to them in the TikTok Terms of Service.
SECTION A: TIKTOK SHOP TERMS OF USE
1. Information about you and your privacyYour privacy is important to us. Please read the TikTok Privacy Policy to understand how we collect, use and share information about you. Please also read our Cookie Policy to understand how we use cookies on the TikTok Shop.2. Additional Jurisdiction-Specific TermsThe Additional Jurisdiction-Specific Terms apply in addition to these TikTok Shop Terms of Use and the TikTok Terms of Service, where Buyers make a Product purchase from TikTok Shop (“Purchase”) depending on their usual residence (“Additional Terms”). In the event of any conflict between the Additional Terms and the rest of these TikTok Shop Terms of Use, the Additional Terms shall prevail.3. About TikTok Shop3.1. Who can use TikTok Shop?TikTok Shop is only for people 18 years old and over (you may need to be older depending on where you are based – please see the Additional Jurisdiction-Specific Terms for further information). By using TikTok Shop, you confirm that you are over the required minimum age. If we learn that someone under the required minimum age specified above (or in the Additional Jurisdiction-Specific Terms) is using TikTok Shop, the user will not be able to purchase Products on TikTok Shop.If you are over the required minimum age and have a valid account with the TikTok Platform (“Account”), you can use such Account to purchase Products from Merchants on TikTok Shop.3.2. Where is TikTok Shop available?Buyers can purchase Products from a Merchant on TikTok Shop and arrange with the Merchant to have the Products delivered to an address in any of the jurisdictions where TikTok Shop is provided from time to time. We may use technical measures to restrict your access to TikTok Shop and you agree not to circumvent such technical measures. If you have any questions about the jurisdictions where TikTok Shop is provided or your access to TikTok Shop, please contact us at e-commerce@tiktok.com. However, for the avoidance of doubt, the aforementioned email address may not be used for the purposes of legal notices or subpoenas under any circumstance. Any attempted notification through such contact channels shall be deemed null.3.3. TikTok Shop as MarketplaceIMPORTANT: TIKTOK SHOP DOES NOT ITSELF SELL PRODUCTS ON TIKTOK SHOP. TIKTOK SHOP ALLOWS THIRD PARTIES (I.E., MERCHANTS) TO PROMOTE AND SELL PRODUCTS ON TIKTOK SHOP. TIKTOK SHOP MAY FACILITATE THE PROMOTION AND SALE OF PRODUCTS ON TIKTOK SHOP BY MERCHANTS TO BUYERS. TIKTOK SHOP IS NOT, HOWEVER, THE PARTY THAT UNDERTAKES THE PROMOTION AND/OR SALE OF SUCH PRODUCTS. THE SALES CONTRACT (AS DEFINED IN THE TIKTOK SHOP TERMS OF SALE) IS ALWAYS SOLELY BETWEEN THE BUYER AND THE MERCHANT. TIKTOK SHOP IS NOT (A) THE BUYER OR THE SELLER OF PRODUCTS; (B) A PARTY TO THE TIKTOK SHOP TERMS OF SALE OR RESPONSIBLE FOR THE FULFILMENT OF THE SALES CONTRACT; OR (C) AN AGENT OF YOU OR THE MERCHANT IN CONNECTION WITH ANY PURCHASE. THE MERCHANT OF THE PRODUCT WILL BE SHOWN ON THE PRODUCT DETAIL PAGE (AS DEFINED IN THE TIKTOK SHOP TERMS OF SALE) AND YOUR RIGHTS OF RECOURSE, FOR EXAMPLE IN RELATION TO REFUNDS AND CANCELLATIONS, WILL BE BETWEEN YOU AND THE MERCHANT AS PROVIDED FOR IN THE TIKTOK SHOP TERMS OF SALE. TIKTOK SHOP, AS A MARKETPLACE SERVICE PROVIDER, MAY USE COMMERCIALLY REASONABLE EFFORTS TO REQUIRE MERCHANTS TO PROVIDE ACCURATE, AUTHENTIC AND UPDATED INFORMATION, BUT TIKTOK SHOP DOES NOT REPRESENT, GUARANTEE OR ENDORSE ANY PRODUCTS, INFORMATION OR SERVICES PROVIDED BY MERCHANTS.4. How to use TikTok ShopYou can use your Account to make a Purchase on TikTok Shop. However, you will be asked to provide certain information (“Onboarding Information”) to TikTok Shop prior to your first Purchase on TikTok Shop. We will use your Onboarding Information to assess whether or not you will be authorized to use TikTok Shop to make a Purchase. It is a serious breach of these TikTok Shop Terms of Use if you do not provide and maintain at all times, complete, accurate and up to date Onboarding Information.5. PaymentAll Products purchased on TikTok Shop must be paid for through a payment provider engaged by the Merchant using a valid payment method. The payment provider is separate from us and you will be subject to their terms when making payments to Merchants. TikTok Shop does not provide you with any payment services and is not responsible for your payments to Merchants. Please refer to the Additional Terms applicable to your jurisdiction set forth in the Additional Jurisdiction-Specific Terms below for more information on payment.6. Customs and Tax Policy When any tax is chargeable on the supply, the price listed on TikTok Shop will be inclusive of such applicable taxes, including but not limited to value-added tax ("VAT"), goods and services taxes, sales and service taxes, as well as customs duty and any other applicable import taxes (or, where it is not possible to provide the exact amount of such taxes or duties, you will be told that additional charges may be payable and the manner in which the price is to be calculated). There may be instances in which you may need to pay additional taxes and/or customs duties. Please refer to the Additional Terms applicable to your jurisdiction set forth in the Additional Jurisdiction-Specific Terms below for information on Customs and Tax Policy.7. Rules for using TikTok ShopTo use TikTok Shop, you must follow the rules set out in these TikTok Shop Terms of Use, the rules set out in the TikTok Shop Terms of Sale, the rules set out in the TikTok Terms of Service, all applicable laws and regulations, and any rules, guidance or policies that we publish or update from time to time. You must not use TikTok Shop in any way which is prohibited in any of the aforesaid terms, or guidelines, policies, applicable laws and regulations above. Acceptable UsesIn addition to the rules set out in the TikTok Terms of Service, you must not use TikTok Shop or the TikTok Platform for any of the following purposes or do any of the following acts:● Using TikTok Shop if you are not able to form a contract which is legally binding (e.g., you are under the age in the applicable jurisdiction to form a legally binding contract for a Purchase);● Failing to pay for your Purchase unless you have legitimate grounds for such failure;● Using TikTok Shop in a manner that is fraudulent, unconscionable, false, misleading or deceptive, including but not limited to abusing platform features or the rights or offerings provided on TikTok Shop;● Any act or omission which is against any applicable law;● Any act which infringes the rights of any third party under applicable law;● Purchasing or seeking to purchase any Products that are prohibited or restricted;● Circumventing any technical measures (e.g., geo-blocking measures) applied by us in providing TikTok Shop or the TikTok Platform;● Sending spam or unsolicited marketing; ● Posting false, inaccurate, misleading, deceptive, offensive, illegal, defamatory, or libellous content (including as part of a review of a Product); or● Using TikTok Shop in a manner that may create a conflict of interest for you or us that undermines the purposes of TikTok Shop, such as trading reviews with other users or writing or soliciting shill reviews.8. ReviewsTikTok Shop may let you post reviews about Products that you have purchased from Merchants on TikTok Shop. You must not post a review about a Product that you have not purchased from a Merchant on TikTok Shop, including where you have purchased it elsewhere. By accepting these TikTok Shop Terms of Use, you, when posting a review: (a) promise to us that you own or otherwise control all of the rights in the content of the review; (b) promise to us that the content of your review is accurate, is not misleading and reflects your genuinely held belief in respect of the relevant Product; and (c) grant us a non-exclusive, world-wide, royalty-free, sub-licensable, transferable license to reproduce, publish and translate the content of your review (including the name that you submit with it) on TikTok Shop. Furthermore, you must provide reviews in an objective manner, avoiding biases and providing constructive feedback to help other Buyers make informed purchasing decisions. Your reviews should focus on the features, quality and performance of the Products, and refrain from personal attacks or irrelevant reviews. We may remove reviews where they are in breach of the above requirements or any other requirements in these TikTok Shop Terms of Use or TikTok Terms of Service.9. Intellectual PropertyTikTok takes the intellectual property rights of others very seriously. We have a process by which people can report alleged infringements of intellectual property rights. You can find information about how our reporting process works in the TikTok Shop Intellectual Property Policy.We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of TikTok Shop, you agree not to infringe intellectual property rights of any person while using TikTok Shop.As between you and TikTok Shop, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the TikTok Shop Services, TikTok Shop and all intellectual property rights related thereto (the “TikTok Shop Content”), are either owned or licensed by us, it being understood that you or your licensors will own any User Content (as defined in Clause 10 below) you upload or transmit through the TikTok Shop Services. Use by you of the TikTok Shop Content or other materials available as part of the TikTok Shop Services for any purpose not expressly permitted by these TikTok Shop Terms of Use is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. We and our licensors reserve absolutely and unconditionally all rights arising out of or in connection with the TikTok Shop Services and the TikTok Shop Content not expressly granted in and to such content and materials.Subject to these TikTok Shop Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use TikTok Shop and the TikTok Shop Content, including to download the TikTok Platform on a permitted device, and to access TikTok Shop solely for your personal, non-commercial use and solely in compliance with these TikTok Shop Terms of Use. We reserve absolutely and unconditionally all rights not expressly granted herein in TikTok Shop. You acknowledge and agree that upon any termination of your account or these TikTok Shop Terms of Use, this license granted to you in respect of TikTok Shop and the TikTok Shop Content will automatically terminate.We make no representations, warranties, or guarantees, whether expressed or implied, that any content on TikTok Shop (including TikTok Shop Content) is accurate, complete or up to date. Where TikTok Shop contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them.10. Licenses by YouTikTok Shop is a part of the TikTok Platform, "Platform" as defined in the TikTok Terms of Service, and therefore any content you post to or through TikTok Shop ("User Content") is subject to the provisions of the TikTok Terms of Service. This means that, if you post any User Content on TikTok Shop, you must have all the rights necessary to do so and you grant to the maximum extent permitted by local law a non-exclusive, worldwide, royalty-free, sub-licensable, transferable license for us to use the User Content for the duration of these TikTok Shop Terms of Use. The foregoing does not impact any right you may have to have data deleted under applicable law. 11. Your promises to usBy accepting these TikTok Shop Terms of Use you promise to us that:● All information provided by you to us is accurate, complete and will be kept current; ● You will keep your Account access details confidential and acknowledge that you are responsible for Purchases made under your Account; ● You have the authority and rights to enter into these TikTok Shop Terms of Use and perform your obligations under these TikTok Shop Terms of Use; and● You will comply with these TikTok Shop Terms of Use and any guidance or policies that we publish or update from time to time.12. What happens if you breach these TikTok Shop Terms of Use?If we know or reasonably suspect that you are in material or persistent breach of these TikTok Shop Terms of Use, we may: ● Impose limits on, restrict or disable the availability to TikTok Shop’s platform features, or the rights or offerings provided on TikTok Shop to you;● Temporarily impose limits on or restrict your access to TikTok Shop; or● Permanently restrict your access to TikTok Shop.In addition, the relevant entity providing the TikTok Platform, as specified in the Additional Jurisdiction-Specific Terms, to you may:● Impose limits or restrict your access to other parts or all of the Platform services, in accordance with the TikTok Terms of Service; or ● Temporarily or permanently suspend or terminate your Account, in accordance with the TikTok Terms of Service.If we know or reasonably suspect that (i) you take any actions or make any attempts to circumvent the actions taken by us under this Clause 12 (including but not limited to creating a new Account) or (ii) another Account is connected or associated with you, we may take actions to the extent necessary to maintain the full effects of our actions as originally intended, including but not limited to taking any of the above actions on any Accounts deemed or reasonably suspected to be connected or associated with you or your Account.13. Effects of and Rights on TerminationYou may decide to terminate your Account and to end your contractual relationship with us with respect to the TikTok Shop Terms of Use and your access to the TikTok Shop Services at any time by deleting your Account.We may terminate your Account on 14 days' notice. This does not affect any rights we may have to suspend or terminate your Account under Clause 12 of these TikTok Shop Terms of Use, or under the TikTok Terms of Service.On termination of your Account (by you, us or otherwise), all related rights and obligations under these TikTok Shop Terms of Use and the TikTok Terms of Service immediately terminate.The following Clauses of these TikTok Shop Terms of Use shall survive termination: 10 (Licences by You); 13 (Effects of and Rights on Termination); 14 (Liability); 15 (Dispute Resolution); 16 (Governing Law and Jurisdiction) and 17 (Miscellaneous Terms).14. Liability14.1. Liability which we cannot exclude or limitNothing in these TikTok Shop Terms of Use shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. 14.2. Types of loss for which we are not liableSubject to Clause 14.1 of these TikTok Shop Terms of Use, we shall not be liable to you, whether in connection with these TikTok Shop Terms of Use or our provision (or your receipt) of TikTok Shop and/or the TikTok Shop Services, for: (i) any loss of profit (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of business; (v) any business interruption; (vi) any loss of business reputation; or (vii) any indirect or consequential loss. Our total aggregate liability whether in contract, tort (including negligence), under any statute or otherwise under or in connection with these TikTok Shop Terms of Use or our provision (or your receipt) of TikTok Shop and/or the TikTok Shop Services will be limited to $500.00 (quinientos pesos) pesos mexicanos (MXN).You acknowledge and agree that, subject to Clause 14.1 of these TikTok Shop Terms of Use, we shall not be liable for any liability, loss, expense (including legal fees), cost, claim or damages which may be incurred by you or any other person arising out of or in connection with: (i) any content or information submitted by users (or Merchants) and published on TikTok Shop; (ii) any acts or omissions of Merchants; (iii) any reliance placed by you on the completeness, accuracy or existence of any advertising or Product listing; (iv) any relationship or transaction between you and any Merchant, advertiser or sponsor whose Products or advertising appears on TikTok Shop; (v) your failure to provide us with accurate account information; or (vi) your failure to keep your password or account details secure and confidential.15. Dispute Resolution15.1. Disputes Between you and a Merchant (or between you, Merchants and third parties)You and each Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. We may facilitate communications between Merchants and Buyers (or between Merchants, Buyers and third parties), but we are not a party to any such dispute and have no obligation to do so. 15.2. Disputes Between you and usIf you have a complaint or dispute relating to a Purchase you made through TikTok Shop, please contact the customer services offered in your region and attempt to resolve the dispute informally.16. Governing Law and JurisdictionThese SECTION A: TIKTOK SHOP TERMS OF USE are governed by the governing law set forth in the TikTok Terms of Service applicable to you, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or their subject matter or formation shall be resolved in accordance with the dispute resolution terms set forth in the TikTok Terms of Service Applicable to you. 17. Miscellaneous Terms17.1. Relationship Between the PartiesNothing in these TikTok Shop Terms of Use shall create any partnership, joint venture, franchise, agency, or sales representative relationship between you, we or the entity intermediating any Purchase you made through TikTok Shop as defined on the Additional Jurisdiction-Specific Terms below.17.2. Third Party RightsUnless it expressly states otherwise, these TikTok Shop Terms of Use do not give rise to any rights to any third party rights (including those provided for under applicable laws). No other person shall have any rights to enforce any of the terms in these TikTok Shop Terms of Use and neither of us will need to get the agreement of any other person in order to end or make any changes to these TikTok Shop Terms of Use. 17.3. Changes to these TikTok Shop Terms of UseWe amend these TikTok Shop Terms of Use from time to time, for instance when we update the functionality of TikTok Shop, or when there are regulatory changes. You will be subject to these TikTok Shop Terms of Use (and any relevant guidelines and policies) in force at the time you accept them to use TikTok Shop. If you are a Buyer and purchase a Product, the Purchase will be subject to the TikTok Shop Terms of Sale in force at the time of Purchase. We will use commercially reasonable efforts to generally notify all Buyers of any material changes to these TikTok Shop Terms of Use, such as through a notice on TikTok Shop. We will also update the “Last Updated” date at the top of these TikTok Shop Terms of Use, which reflect the effective date of such TikTok Shop Terms of Use. Your continued access or use of the TikTok Shop after the date of the new TikTok Shop Terms of Use constitutes your acceptance of the new TikTok Shop Terms of Use. If you do not agree to the new TikTok Shop Terms of Use, you must stop accessing or using the TikTok Shop.NoticeWe may provide notices to you under these TikTok Shop Terms of Use by way of such as sending you an email to the email address provided by you in your Account, through in-app message, or chat, or by a notice on TikTok Shop. You may provide notices to us in the registered physical addresses of the relevant entities as defined on the Additional Jurisdiction-Specific Terms below. 17.4. No WaiverOur failure to insist upon or enforce any provision of these TikTok Shop Terms of Use (or to exercise any other right or remedy under these TikTok Shop Terms of Use) shall not be construed as a waiver of any provision or right under these TikTok Shop Terms of Use nor shall it prevent or restrict the further exercise of that or any other right or remedy.17.5. SecurityYou are responsible for configuring your information technology, computer programs and platform to access TikTok Shop. You should use your own virus protection software. 17.6. SeverabilityIf any court of law, having jurisdiction to decide on this matter, rules that any provision of these TikTok Shop Terms of Use is invalid, illegal or unenforceable then that provision shall be removed from the TikTok Shop Terms of Use without affecting the rest of the TikTok Shop Terms of Use, and the remaining provisions of the TikTok Shop Terms of Use will continue to be valid and enforceable, provided that the essential provisions of these TikTok Shop Terms of Use remain in effect.17.7. Events outside of our controlNeither we nor the entity intermediating your Purchases made through TikTok Shop (as defined on the Additional Jurisdiction-Specific Terms below) will be liable for any delay or failure to perform any of its obligations under these TikTok Shop Terms of Use for reasons, events, or other matters beyond its reasonable control.17.8. Transferring these TermsWe may transfer these TikTok Shop Terms of Use, our rights, or obligations to anyone else provided that this does not disadvantage you. You hereby consent to the transfer by us in advance to any third party whatever the nature of such transfer, in particular whether it happens through an assignment, merger, absorption, split, partial contribution of capital, transfer of all of our assets and liabilities. This transfer will enter into force at the time when we notify you thereof. You hereby agree that the transfer of these TikTok Shop Terms of Use to a third party will result in waiving your rights against us for the future. 17.9. Additional Jurisdiction-Specific TermsThe following terms ("Additional Terms") apply to a Buyer located in Mexico and prevail to the extent of any inconsistency with the rest of these TikTok Shop Terms of Use. You acknowledge that the relevant entity intermediating the Purchases you make through TikTok Shop is TikTok México, Tecnología, S. de R.L. de C.V., a company incorporated under the laws of Mexico, with its registered office at Volcán 212, N2A, Lomas de Chapultepec, Ciudad de México, C.P. 11000 ("TTMX").You further acknowledge that TTMX enters into these Terms and performs all acts and obligations from Mexico solely for the purposes of intermediating the Purchases you make through TikTok Shop. For the avoidance of doubt, the provision of TikTok Shop, its features and functionalities, and its content moderation are exclusively performed by TikTok Pte. Limited, without any participation of TTMX. For matters related to the processing of personal data collected for the purposes of executing Purchases through TikTok Shop, TTMX Entity acts as a data processor on behalf and under the instructions of TikTok Pte. Ltd. The processing of personal data related to the provision of the TikTok Platform and TikTok Shop is performed, and will remain, under the control of TikTok Pte. Ltd. The terms applicable to the processing of personal data are independent from these Terms and are included in the document as a reference. Any matter related to the processing of personal data, including but not limited to the governing law or dispute of resolutions, should be subject to the terms applicable to the processing performed by TikTok Pte. Ltd. A. How to Contact UsYou can reach us at: e-commerce@tiktok.com. However, for the avoidance of doubt, the aforementioned email address may not be used for the purposes of legal notices or subpoenas under any circumstance. Any attempted notification through such contact channels shall be deemed null. For legal notifications please refer to the Additional Jurisdiction-Specific Terms section 17.9.B. PaymentYou make payments to the Merchants through the merchant acquirer engaged (or payments provider / facility made available, as applicable) by the Merchant.Notwithstanding the remaining Terms (including without limitation payment terms), you acknowledge that neither TikTok Pte. Limited nor TTMX is providing any payment services to you, including without limitation accepting or receiving any payments from you (including any payments that are due to the Merchants) or due to you (including any refunds from the Merchants to you), or making any other payments or transfer of payments from or to you. Neither TikTok Pte. Limited; nor TTMX will be liable to you for any losses suffered as a result of any breach or default by the third parties who provide the payment services.C. LanguageThese TikTok Shop Terms of Use have been prepared in the Spanish language and other languages. In the event of any inconsistency or different interpretation between the Spanish text and the non-Spanish text, the Spanish text shall prevail and the relevant non-Spanish text shall be deemed to be automatically amended to conform with and to make the relevant non-Spanish text consistent with the relevant Spanish text. Each party acknowledges that he/she/it has read these TikTok Shop Terms of Use and understands the content and that these TikTok Shop Terms of Use have been entered into freely and without duress. D. WaiverYou and we expressly agree to waive and set aside our respective rights and obligations under any applicable law in the event of any termination of these TikTok Shop Terms of Use to the extent that such law requires any judicial pronouncement for the termination of these TikTok Shop Terms of Use.E. Governing Law and JurisdictionFor Buyers located in Mexico, these TikTok Shop Terms of Use, their subject matter and their formation, are governed by the laws of Mexico. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity, or termination of these Terms, shall be referred to and finally resolved by the competent authorities in Mexico City. The language of any proceedings shall be Spanish. Any matters concerning the TikTok Shop tab, its features and functionalities, TikTok Shop Content or personal data shall be addressed to TikTok Pte. Limited, as the relevant entity providing it, as defined on the Additional Jurisdiction-Specific Terms section 17.9.Any matters concerning a Purchase made through TikTok Shop for delivery in Mexico shall be addressed with TikTok México, Tecnología, S. de R.L. de C.V., as the relevant entity intermediating it as defined on the Additional Jurisdiction-Specific Terms section 17.9.F. Responsibilities to provide documents related to the PurchaseMerchants are responsible to provide you with any receipt, tax invoices and documentation related to your Purchase, and the shipment in case Merchants ship the Products by themselves or use services of third party logistic service providers, where applicable. If TTMX provides logistics services with respect to your Purchases, you may contact TTMX for receipt, tax invoices and documentation related to the shipment of the Products, where applicable.G. Customs and Tax PolicyDepending on the value of your order or the chosen delivery service, additional costs related to importing products into Mexico may be charged to you. By confirming your Purchase, you agree to pay all applicable fees, taxes, and other amounts associated with it. Additionally, you acknowledge your liability for VAT, customs duties, or other related taxes whether charged by TTMX or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and, hereby authorize TTMX or the Merchant, as applicable, to appoint a customs agent to act on your behalf as direct representative in connection with the import of goods. This includes paying any import VAT, customs duties and other related taxes on your behalf. Import VAT, customs duties, and similar charges collected at the time of Purchase are estimated values and may be subject to change depending on local laws. If additional amounts are assessed, you are responsible for them. Neither TTMX not TikTok Pte. Limited can be held liable if a product is delayed or denied customs clearance due to your failure to pay such amounts. Buyers, or Merchants when applicable, are responsible for complying with import requirements, and will solely bear any costs incurred from obtaining such import requirements without reimbursement to the Merchant (only applicable to Buyers), TTMX or TikTok Pte. Limited. Neither TTMX nor TikTok Pte. Limited will act (and you will not designate them) as declarant, importer or exporter of record, or any equivalent role, or represent the Buyer or the Merchant, in respect of Products imported or exported to or from any jurisdiction. Subject to the laws and requirements of the Buyer’s jurisdiction and the jurisdiction from which the Products are shipped, Buyer or Merchant you shall: (i) act in the capacity of importer when applicable; (ii) empower the carrier to act on your behalf; or (iii) designate a willing and suitable authorized third party to act in such capacity.Buyer agrees to indemnify and hold both TTMX and TikTok Pte. Limited harmless from all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requirements. SECTION B: TIKTOK SHOP TERMS OF SALE
TikTok Shop allows buyers (“Buyers”) to purchase products (“Products”) from third party traders (“Merchants”). TikTok Shop operates as a third-party marketplace for Merchants, and TikTok Shop does not itself sell Products on TikTok Shop, nor is it party to any contract for the sale of Products to Buyers. Set out below are the terms and conditions (“TikTok Shop Terms of Sale”) that govern the sale of Products by Merchants to you as a Buyer. Please read these TikTok Shop Terms of Sale carefully before placing an order for a Product from a Merchant on TikTok Shop. Once you have a legally binding contract between you and the Merchant (as described in Clause 2 below), these TikTok Shop Terms of Sale (together with any Enhanced Terms, as described in Clause 3 below) will become a legally binding Sales Contract (as described in Clause 2.3 below) between You and the Merchant. The TikTok Shop Terms of Sale are an agreement between Merchants and Buyers; we are not a party to the TikTok Shop Terms of Sale. The Merchant that you will be purchasing a Product from via TikTok Shop will be identified on the ‘product detail page’ of the relevant Product (“Product Detail Page”). All references to “Merchant” in these TikTok Shop Terms of Sale mean the Merchant that you will be purchasing a Product from on TikTok Shop.Any capitalised terms used but not defined in these TikTok Shop Terms of Sale are defined and have the meaning given to them in the TikTok Shop Terms of Use.The Additional Jurisdiction-Specific Terms apply in addition to these TikTok Shop Terms of Sale where Buyers make a Product purchase (“Purchase”) depending on their usual residence (“Additional Terms”). In the event of any conflict between the Additional Terms and the rest of these TikTok Shop Terms of Sale, the Additional Terms shall prevail. 1 Products1.1 Product information is provided by the relevant Merchant on the Product Detail Page. You should review the information of the Products which you intend to purchase before placing an order on TikTok Shop.1.2 Merchants are responsible for making sure that any Product is fit for purpose and corresponds with the description it provides on the Product Detail Page, and they are responsible for complying with any refund, replacement or cancellation rights that you have under these TikTok Shop Terms of Sale (including any Enhanced Terms (as defined in Clause 3)). 1.3 Discounts may be granted to Buyers as long as they meet certain conditions, such as using a specific channel to obtain discounts, or making purchases through TikTok Shop during a specific period of time, at TikTok Shop's sole discretion.1.4 TikTok Shop may conduct flash sales exclusively available to Buyers who successfully place an order on TikTok Shop during the specified period. This flash sale applies only to selected items, as identified on TikTok Shop during the sale period. Participation in these flash sales is subject to availability and may be limited to specific quantities or timeframes. Buyers are encouraged to review the terms and conditions of each flash sale before participating.1.5 Buyers will be awarded incentive vouchers, available by invitation from TikTok Shop. To be eligible for the promotion, you must be able to pay at the time the order is placed and the eligible reward must be reflected for issuance. TikTok Shop reserves the right to modify the sales period of availability of items at any time without prior notice. Participation in these promotions is subject to availability and may be limited to specific quantities or terms. 2 Contract for Sale2.1 You may place an order for a Product by clicking ‘Buy Now'. Your order will be subject to these TikTok Shop Terms of Sale (including any Enhanced Terms (as defined in Clause 3)).2.2 If your order is successful, you will then receive an order acknowledgment message (via TikTok Shop or any other channel as determined by us) which contains details of your order. 2.3 The order acknowledgement is confirmation that your order has been received and that a legally binding contract between you and the Merchant has been formed based on the TikTok Shop Terms of Sale (including any Enhanced Terms) (“Sales Contract”).2.4 You must comply with your obligations under these TikTok Shop Terms of Sale (including any Enhanced Terms). 3 Enhanced Terms3.1 These TikTok Shop Terms of Sale set out your basic rights in respect of the purchase of a Product from a Merchant. The Merchant may, however, choose to offer certain improved rights of cancellation, return and refund (“Enhanced Terms”). Depending on their location, Merchants may also provide you with access to a free mediation scheme. Contact details of the relevant mediation organisation will be provided in the Enhanced Terms. 3.2 If a Merchant offers Enhanced Terms, these will be detailed on the Product Detail Page of the relevant Product and will be deemed to apply to the TikTok Shop Terms of Sale instead of the equivalent terms set out below. 3.3 In the event of any conflict between the Enhanced Terms and the rest of the Terms of Use and Sale (including these TikTok Shop Terms of Sale), the Enhanced Terms prevail provided such terms are an improvement to the rights provided in these TikTok Shop Terms of Sale.4 Purchases4.1 If you have a right to return a Purchase or a cancellation right according to the applicable laws in your country, your rights to such return or cancellation will not be affected by any Merchants' rules to the contrary.4.2 The logistics for arranging a return of a Product and any associated fees will be as you agree with the Merchant.5 The Merchant’s Liability to You5.1 If the Merchant fails to comply with these TikTok Shop Terms of Sale, it is responsible for loss or damage you suffer that is a foreseeable result of its breach, but it is not responsible for any loss or damage that is not foreseeable, except in cases of fraud or gross misconduct. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the TikTok Shop Terms of Sale was made, both the Merchant and you knew it might happen.5.2 The Merchant is not permitted to exclude or limit in any way its liability to you where it would be unlawful to do so, including any mandatory provisions of local law.6 Merchant’s right to cancel6.1 The Merchant may cancel your order (and, if relevant, require the return of any Products provided to you and the Merchant will refund any amounts paid if):● You do not comply with your obligations under these TikTok Shop Terms of Sale; ● You do not make any payment when it is due; ● you do not, within a reasonable time of asking, provide the Merchant with information that is necessary for it to provide the Products (for example your delivery address),● or for any other valid reason. 7 Product Ownership and Changes to Products7.1 A Product will be your responsibility from the time the Merchant delivers the Product to the address you gave the Merchant for delivery. You own a Product once the Merchant has received payment in full for it.7.2 Although the Merchant makes every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. 7.3 If the Merchant is making the Product to measurements or specifications you have given it, you are responsible for ensuring that these measurements and specifications are correct. 8 Purchase Price, Delivery Costs and Tax8.1 The purchase price for a Product will be as set out on the Product Detail Page. 8.2 Merchants may offer one or more delivery options. The price for each delivery option will be as set out on the Product Detail Page.8.3 All purchase prices and delivery costs are inclusive of such applicable taxes, including but not limited to value-added tax ("VAT"), goods and services taxes, sales and service taxes, as well as customs duty and any other applicable import taxes (or, where it is not possible to provide the exact amount of such taxes or duties) and shall be expressed in local currency. 8.4 Merchants are responsible to provide you with any tax invoices and documentation related to your Purchase, and the shipment in case Merchants ship the Products by themselves or use services of third-party logistic service providers, where applicable.8.5 You will pay the purchase price and delivery costs of the Product through the payment provider engaged by the Merchant, using a valid payment method. 9 Delivery 9.1 The delivery time will vary depending on the delivery options offered by the Merchant, as set out on the Product Detail Page. Your acknowledgement message will include the estimated delivery date when your order will be fulfilled.9.2 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, the Merchant is required to contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite its reasonable efforts, the Merchant is unable to contact you or re-arrange delivery or collection it may cancel your order.10 Information About You and Your Privacy Please note that Merchants act as independent controllers of the data that you share with them through the use of TikTok Shop, and neither TTMX nor TikTok Pte. Limited are responsible for their compliance with applicable law.11 Disputes Between you and the Merchant11.1 You and each Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. We may facilitate communications between Merchants and Buyers (or between Merchants/Buyers and relevant third parties), but we are not a party to any such dispute and have no obligation to do so. 11.2 If you have a complaint relating to a Product, you should contact the Merchant. You may also use any alternative dispute resolution process offered by the Merchant. 12 Governing Law and JurisdictionThese TikTok Shop Terms of Sale are governed by the governing law set forth in the Additional Jurisdiction-Specific Terms applicable to you, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or their subject matter or formation shall be resolved in accordance with the dispute resolution terms set forth in the Additional Jurisdiction-Specific Terms applicable to you. 13 Miscellaneous Terms13.1 Relationship Between the Parties: Nothing in these TikTok Shop Terms of Sale shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and the Merchant.13.2 Third Party Rights: Unless expressly stated otherwise, these TikTok Shop Terms of Sale do not give rise to any rights to any third party rights, no other person shall have any rights to enforce any of the terms in these TikTok Shop Terms of Sale and neither you nor the Merchant will need to get the agreement of any other person in order to end the TikTok Shop Terms of Sale or make any changes to the TikTok Shop Terms of Sale. 13.3 Notice: The Merchant may provide notices to you under these TikTok Shop Terms of Sale within 60 days of you placing an order with the Merchant by sending you an in-app message. You may provide notices to Merchant under these TikTok Shop Terms of Sale by sending the Merchant an in-app message. 13.4 Events beyond the Merchant’s control: The Merchant will not be liable for any delay or failure to perform any of its obligations under these TikTok Shop Terms of Sale for reasons, events or other matters beyond its reasonable control.13.5 Communication: You agree that contract related communication including invoicing may be made in electronic form.13.6 Additional Jurisdiction-Specific Terms: The following terms ("Additional Terms") apply to a Buyer located in Mexico, and prevail to the extent of any inconsistency with the rest of these TikTok Shop Terms of Sale.A. Governing Law and JurisdictionThese TikTok Shop Terms of Sale are governed by the law of the jurisdiction in which you are a resident, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with them or their subject matter or formation shall be resolved by the federal courts in your jurisdiction.B. CustomsYou agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize the Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT, customs duties and other related taxes (if any) on your behalf.C. IndemnityBuyer agrees to indemnify and hold the Merchant harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requirements.D. Returns, Replacements and CancellationsIn case of returns, replacements or cancellations by Buyer, it should be noted that any payment of the above additional charges, fully or partially, that are not recoverable under the relevant laws may not be reimbursable to the Buyer, unless agreed otherwise with the Merchant. Also, if there is an increase or decrease in the cost of or the time required for returns, replacements or cancellations caused by Buyer, Buyer agrees to reimburse the Merchant for the actual, reasonable and substantiated costs incurred as a direct result of such returns, replacements or cancellations.E. Documentation Merchants are responsible for providing with you with any receipt, invoices and documentation related to your Purchase, and the shipment in case Merchants ship the Products by themselves or use services of third party logistic service providers, where applicable. F. LiabilityNothing in these TikTok Shop Terms of Sale limits the Merchant's liability for death or personal injury caused by the Merchant or the Merchant’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Products.