Terms of Use

Article 1. Consent to Terms

1. Users shall use the Service in accordance with the provisions of these Terms. Users may not access and use the Service unless they give their effective and irrevocable consent to these Terms.

2. Users must be at least 18 years old and must have full legal capacity to enter into legally binding contracts to register, access and use the Service. If a User is below 18 years old, the User must obtain consent from his/her parent or legal guardian, their acceptance of these Terms, and their agreement to be responsible for the User’s access and use of the Service in accordance with these Terms. If a corporate entity (including corporations, limited liability partnerships or partnerships) is accessing or using the Service, the person registering for an account with the Company to access and/or use the Service for and on behalf of a corporate entity represents and warrants that he/she has the requisite power and authority to bind such corporate entity to these Terms and that these Terms constitute legally binding obligations of such corporate entity.

3. Users shall be deemed to have given their effective and irrevocable consent to these Terms by their clicking on the “accept” button regarding these Terms and/or their actual use of the Service and the Users shall forthwith be legally bound by these Terms, which shall be enforceable like any written contract signed by the Users. Users shall discontinue their use of the Service if they do not agree to all of these Terms.

Article 2. Member Registration, Account Information and Handling of Information

1. Users shall register to use the Service (hereinafter referred to as “Member Registration”) for their own account (and not on behalf of any other person) and create an account with the Company. The Agreement (as defined in Article 10, paragraph 1) shall be concluded when the Company approves Member Registration. Users acknowledge and warrant that information provided to the Company for the Member Registration (“Member Information”) are complete, accurate and up-to-date and Users shall not use and/or provide any false name or age, or illicit payment method.
The Company reserves the right, in its sole and absolute discretion, to approve or refuse registration of an account by any User or to suspend or terminate a User’s account (including any account which has been inactive for an extended period of time) at any time.

2. Users covenant that they do not and will not in the future fall under any of organized crime groups, such group members, associate member of such groups, companies affiliated with such groups, corporate racketeers, individuals or groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, groups specialized in intellectual crimes or others equivalent thereto (hereinafter referred to as “Antisocial Forces”), and that they will not on their own or using third parties make demands in a violent manner or unjust demands beyond the limits of legal liability, speak and behave in a threatening manner or use violence in relation to transactions hereunder, damage the credibility or interfere with the business of the Company by the spread of rumors or use of fraudulent means or force, or perform any other act equivalent thereto. If a User violates the covenant under this paragraph, the Company shall be entitled to suspend or terminate the User’s account.

3. Users shall immediately update the Member Information in the event of any change therein, and be responsible for the management and correction of Member Information so that it remains accurate. If a User does not update the Member Information despite changes therein, the Company shall be entitled to handle and/or use such Member Information as it is without any changes. Even if changes are notified to the Company, the Company may rely on the prior information for transactions entered into or procedures taken before such changes are effected by the Company.

4. The Company shall not be liable in any way for any loss or damage suffered by a User as a result of the User’s Member Registration, changes in Member Information, failure to notify the Company of changes in Member Information, or the Company’s refusal of Member Registration, except if the loss or damage arises from the Company’s willful misconduct or negligence.

5. Users shall be solely responsible for the management of email addresses, identification details, passwords and other information entered for Member Registration (hereinafter referred to as “Account Information”) by themselves. Users may not have third parties use Account Information, or transfer, buy, sell, pledge, lend, lease or otherwise dispose in any form of the Account Information.

6. Users shall be liable for any loss or damage suffered arising from divulging of, misuse or use by third parties of or unauthorized access to Member Information due to their inadequate management, and the Company shall not be liable in any way therefor except if the loss or damage arises from the Company’s willful misconduct or negligence. The Company may deem any acts performed using the registered identification details and password as acts performed by the User himself or herself, and if any loss or damage is suffered by the Company as a result of unauthorized use of Member Information, the User whose Member Information is so used shall be held liable for such loss or damage suffered by the Company.

7. If Member Information is actually or allegedly divulged to third parties, the User whose Member Information is so divulged shall promptly notify the Company. The User shall follow the Company’s instructions if any at that occasion.

8. When Users provide the Company with information on them for the use of the Service, they shall provide true, accurate, complete and up-to-date information.

9. The handling of personal information of Users shall be governed by the Company’s Privacy Policy in addition to these Terms, and Users shall give their consent thereto https://snkrdunk.com/en/privacy.

10. The User shall not assign or otherwise transfer his or her account to any person without the prior consent of the Company.

Article 3. Prohibited Matters

Users shall not perform any of the acts listed below when using the Service, and warrant that they will not perform those acts:

• Violating applicable laws and regulations, judgments, decisions or orders rendered by courts, notices, guiding principles, guidelines or administrative measures;
• Performing acts that are likely to prejudice public order or good morals (including such act as using excessively violent expression or explicit sexual expression, publishing photographs such as those of revealing nudes including those in models’ underwear, closes-up of busts or buttocks and those with exposed genitals, with or without pixilation, shading or artistic quality, or other pictorials, images (videos), illustrations or pictures that are determined to be obscene, publishing words that refer to sexual activities or genitals or other obscene expression, and posting, publishing, making public or sending expression that contains any other antisocial content and makes others uncomfortable);
• Infringing rights of the Company, other customers or third parties (including intellectual property rights such as copyrights, trademark rights and patent rights; the right of honor; the right of privacy; and a broad range of other legal or contractual rights);
• Impersonating the Company or a third party, or having the Company or a third party spread false information intentionally;
• Soliciting others for multi-level marketing such as pyramid sales or financing;
• Using the Service for commercial purposes without the prior consent of the Company, for the purpose mainly of meeting or seeking to date with the opposite sex, or for any other purpose inconsistent with the intended use of the Service;
• Giving profits to or otherwise cooperating with Antisocial Forces;
• Soliciting others for religious activities or groups;
• Collecting, disclosing or providing information such as personal information, Member Information or use history information of third parties without permission;
• Interfering with or hindering the operation of the Service or the use of the Service by other Users;
• Posting or otherwise handling any program or the like that could destroy or interfere with any function of software or hardware used by other Users;
• Performing acts involving harassment, defamation, slandering or social or mental damage with respect to other Users, third parties or the Company and products, services or other matters thereof;
• Interfering with the operation of any Company’s website by means such as multiple posting, repeated publication or publication of information contrary to the purpose of use thereof;
• Collecting or storing information of other Users beyond the extent necessary to use the Service;
• Using the Service for any purpose inconsistent with the original purpose of provision of the Service in the light of the effect of such provision;
• Using the Service with the use of email addresses, identification details, passwords and other data of other Users;
• Obtaining from other Users their email addresses, identification details, passwords and other data that are required to use the Service;
• Reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information or software obtained from the Service;
• Assisting or helping acts that fall under any of the above acts; and
• Performing other acts that are determined by the Company to be inappropriate based on reasonable grounds.

Article 4. Handling of Content

1. As used in these Terms, “Content” means text, music, images, videos, programs, codes and other information; “Accessible Content” means Content to which Users have access to through the Service; “Posted Content” means Content that Users have saved to the server managed by the Company through posting, sending or uploading them on or to the Service or other actions; and “Publicly Available Posted Content” means Posted Content that other Users are able to browse or to which other Users are able to access generally in the Service.

2. Intellectual property rights such as patent rights, copyrights, design rights, utility model rights and trademark rights to the Accessible Content other than the Posted Content and other Services shall belong to the Company and/or its licensors, and the grant by the Company to the Users of a license to use the Service shall not constitute the grant of a license to use any intellectual property beyond the scope provided for in these Terms.

3. Users shall retain the rights they hold to all Posted Content including Publicly Available Posted Content in the same manner as before, and the Company will not acquire such rights. However, by the use of the Service, Users shall be deemed to have granted the Company a perpetual, unconditional, irrevocable, fully transferable and sublicensable, royalty free, worldwide right to use without restriction Publicly Available Posted Content (including the right of reproduction both electronically or otherwise, display, stage performance, musical performance, on-screen presentation, transmission to the public, communication to the public, recitation, exhibition, publication, distribution, transfer, lending, translation, adaptation, alteration, and creation of derivative works from any and all such Publicly Available Posted Content (excluding any personal data) (to the extent deemed necessary by the Company for the business purpose) for or not for profit, as well as the right to sublicense such right to third parties), on any medium, in any format and manner, and for any purpose. Users shall also unconditionally, irrevocably and absolutely waive any and all moral rights and/or any other rights to approve or inspect or other rights of privacy, publicity or other similar rights in connection with all Publicly Available Posted Content where such Publicly Available Posted Content is used by the Company or a third party designated by the Company within the above scope, and Users undertake not to assert such rights.

4. Users shall not use (or reproduce, transmit, reprint, alter or otherwise exploit) the Accessible Content beyond the intended use of the Service as assumed as a matter of course; provided, however, that this shall not apply when the prior consent of the Company and the licensors of the Accessible Content is obtained.

5. The Company may check the Posted Content if necessary for a purpose such as checking its compliance with laws and regulations or these Terms; provided, however, that in no event shall the Company be obliged to do so.

6. If the Company deems that Users violate or are likely to violate laws and regulations or these Terms in relation to Posted Content or as otherwise necessary for business, the Company may make the Service or Posted Content unavailable by means such as deleting the Posted Content from the server managed by the Company without advance notice to Users. Accordingly, Users are recommended to always make backups of Posted Content. Even if any loss or damage is suffered by Users as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way for the loss or damage except if it arises from the Company’s willful misconduct or negligence.

Article 5 Compensation to the Company

If any damages, losses (including, but not limited to attorney’s fees, lost profits, special damages and indirect damages) or costs (including attorney’s fees) are incurred directly or indirectly by the Company and its shareholders, subsidiaries, officers, directors, employees, consultants, agents and/or successors (collectively, hereinafter referred to as the “Affiliates”) due to a User’s access and/or use of the Service in violation of applicable laws and regulations or these Terms and/or the breach of any rights of a third party arising from the User’s act(s) or omission(s) to act, including any intellectual property rights, save arising from the Company’s willful misconduct or gross negligence (including cases where the Company and its Affiliates receive a claim from a third party to such effect), the User shall pay damages or compensation therefor immediately upon the Company’s request.

Article 6 Provision, Change, Discontinuation, Suspension and Termination of the Service, and Non-Warranty

1. Users shall, for the use of the Service, prepare necessary items such as personal computers, mobile phones, communication devices, an operating system, means of communications and/or electric power at their own expense and responsibility.

2. The Company shall be entitled to limit Users eligible to receive the Service provided by it to customers who has registered to use the Service and opened an account in accordance with Article 2, and fulfilled age and identity verification and other conditions determined to be necessary by the Company.

3. The Company shall be entitled to publish the Company’s or a third party’s advertisements on the Service.

4. The Company shall, when determining it necessary, be entitled to make changes in the content of or discontinue the provision of the Service, in whole or in part, at any time without advance notice to Users.

5. The Company shall be entitled to temporarily suspend the Service, in whole or in part, without advance notice to Users in any one of the following events; the Company shall not be liable in any way for any loss or damage suffered by Users as a result of the Company’s measures under this paragraph except if it arises from the Company’s willful misconduct or negligence:

• The Company carries out regular or urgent maintenance work for the Service;
• The Company modifies, upgrades, suspends or discontinues (whether temporarily or permanently) any features and functions of the Service;
• The system through which the Service is provided becomes overloaded due to excessive access or other unexpected factors;
• It becomes necessary to ensure the security of Users;
• Services are not provided by the relevant telecommunications carrier;
• It is difficult to provide the Service due to a force majeure event; or
• The Company reasonably determines it necessary in any other event equivalent to those in the preceding items.

6. The Company does not warrant that the Service (including the Content) is free of technical or legal issues (including, but not limited to safety, reliability, accuracy, integrity, validity, fitness for a particular purpose, defects in issues such as security issues, errors or bugs, and infringement of rights). The Company is not obliged to eliminate such issues to provide Users with the Service. Notwithstanding the foregoing, if applicable laws and regulations provide otherwise, the Company’s liability for any loss or damage suffered by Users as a result of the aforesaid issues shall not be excluded, and in this case, the provisions of Article 7, paragraph 2 shall apply mutatis mutandis to damages.

7. Users shall make backups of their data at their own expense and responsibility. The Company shall not be responsible in any way for loss of or damage to data for any reason, if any, in association with the use of the Service.

8. The Company will, when deeming that Users use the Service in violation of these Terms, take measures determined by the Company to be necessary and appropriate; provided, however, that in no event shall the Company be obliged to check such matters.

9. The Company does not warrant to any User or third party that other Users and parties will not violate these Terms, nor does it owe obligations to Users and third parties with respect to the prevention or correction of such violation.

10. The Company shall be entitled to terminate the Service at its discretion by giving advance notice to Users by means determined by the Company to be appropriate. Even if any loss or damage is suffered by Users as a result of the termination of the Service under this paragraph, the Company shall not be liable in any way therefor.

11. The Company shall be entitled to outsource to a third party all or part of operations related to the Service at its discretion.

Article 7. No Liability of the Company

1. To the maximum extent permitted by applicable laws and regulations, the Company will not be liable in any way for any and every loss or damage suffered by Users arising out of the Service (whether based on contract, tort, negligence, bailment, strict liability or otherwise).

2. To the maximum extent permitted by applicable law, the Company will not be liable in any way for any loss or damage suffered by a User as a result of the Company’s default, or tort due to negligence (except gross negligence), which arises from special circumstances (including cases where the Company or the User foresees or may foresee the loss or damage so arising). The maximum amount of damages for the loss or damage suffered by a User as a result of the Company’s default, or tort due to negligence shall be either of the following amounts:

• For any loss or damage suffered by a User arising out of the Service provided as paid service, the amount of a service charge for the Service received from the User by the Company in the month during which the loss or damage arises (hereinafter referred to as “Service Charge”); or
• For any loss or damage suffered by a User arising out of the Service provided free of charge, the amount of a connection fee spent by the User to use the Service in the month during which the loss or damage arises.

3. If a dispute arises among Users or between Users and a third party in relation to the Service, the Users shall resolve the dispute at their own expense and responsibility, shall not cause any trouble to the Company, and shall pay damages for any loss or damage suffered by the Company as a result thereof.

4. Users shall confirm that their use of the Service does not violate laws, regulations, notices, guiding principles, guidelines, trade association’s regulations, or other rules applicable to Users, at their own expense and responsibility, and the Company shall not give any warranty or be liable in this regard in any way.

5. If the national government requests that companies suspend or discontinue business activities due to an infectious disease or other reasons and companies are compelled to refrain from providing any service, the Company shall be entitled to suspend the provision of the Service at its sole and absolute discretion, and even if any loss or damage is suffered by Users as a result thereof, the Company shall not be liable therefor in any way except if it arises from the Company’s willful misconduct or negligence.

Article 8. Third-Party Service

1. While the Service may be linked to other service(s) operated by any third party other than the Company (hereinafter referred to as “Third-Party Service”), the Company does not warrant that such link will continue to work.

2. Users shall use Third-Party Service at their own responsibility, and the Company shall not be liable in any way for any loss or damage suffered by Users as a result of the use of Third Party Service.

3. Third Party Service shall be used in accordance with applicable arrangements between Users and the provider of the Third Party Service such as the terms of use and agreements, and Users shall confirm and comply with related terms and conditions on their own responsibility.

Article 9. Cancellation of Membership and Suspension of Use

1. Users who have Member Registration for the Service may delete their accounts and cancel membership at any time.

2. The Company may suspend, discontinue, close, or modify access to a User’s account without advance notice to the User if any one of the following events occurs; even if any loss or damage is suffered by the User as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor:

• The Company reasonably determines that the User violates or is likely to violate applicable laws and regulations and/or these Terms;
• The User performs any wrongful act;
• The Company reasonably determines that the Member Information comprises false information;
• The User fails to go through procedures or notify the Company as required under these Terms;
• The User’s Member Information comprises information that is already in use by another User for his/her Member Registration;
• It is revealed that the telephone number or email address registered by the User becomes inactive;
• The User becomes insolvent or indigent, or admits the inability or becomes unable to pay debts generally as they fall due;
• The User unjustly causes any trouble to other Users or third parties;
• It is revealed that the account at a financial institution registered by the User is involved in any illegal, inappropriate, or other issue as pointed out by that financial institution;
• The User makes demands in a violent manner or unjust demands beyond the limits of legal liability, speaks and behaves in a threatening manner or uses violence, or damages the credibility or interferes with the business of the Company by the spread of rumors or use of fraudulent means or force whether by the User himself or herself or by way of a third party; or
• The Company otherwise determines based on reasonable grounds that the User is not suitable to access and use the Service.

3. The User acknowledges and agrees that if he or she logs in to the Service using an account provided by any other business operator (hereinafter referred to as “Another Company Account”), he or she will be unable to log in to the Service if such Another Company Account is no longer authenticated by the business operator by reason such as deletion of that account.

Article 10. Effective Term

1. The term of an agreement concluded between the Company and a User under these Terms (hereinafter referred to as the “Agreement”) shall commence on the day on which the Agreement is concluded in accordance with the Article 2 and will remain in full force and effect until the User’s account is deleted and his or her membership is cancelled (whether by the User or the Company) or the Service is terminated by the Company.

2. Notwithstanding the termination of these Terms, any sales agreements already concluded under these Terms before such termination shall remain in full force and effect.

3. Notwithstanding the termination of these Terms, the provisions of Article 2, paragraphs 4 through 7 and paragraph 9, Article 3 through Article 5, Article 6, paragraphs 5 through 10, Article 7, Article 8, Article 9, paragraph 2, paragraphs 2 and 3 of this Article 10, Article 11, Article 13, Article 14, paragraphs 2, 4 and 5, Article 15 through Article 17, Article 18, paragraph 2, Article 19, Article 21 and Article 22 shall remain in full force and effect.

Article 11. Method of Notice or Contact

1. The Company will give notice to or contact Users for the Service by posting information on an appropriate location on the website operated by the Company or any other method determined by the Company to be appropriate.

2. Users shall give notice to or contact the Company for the Service by sending an inquiry form provided in an appropriate location on the website operated by the Company or any other method designated by the Company.

Article 12. Relationship with Individual Terms of Use

1. If there are documents related to the Service distributed or published by the Company including those in the name such as “terms of use,” “guidelines,” or “policy” (hereinafter referred to as “Individual Terms of Use”) in addition to these Terms, Users shall use the Service in accordance with the provisions of Individual Terms of Use in addition hereto.

2. Individual Terms of Use shall form part of these Terms, and if any of the provisions of Individual Terms of Use are inconsistent with the provisions of these Terms, the provisions of the Individual Terms of Use shall prevail and apply to the extent of such inconsistency.

Article 13. Putting up Goods for Sale and Sellers

1. Procedures for putting up goods for sale
Users who put up goods for sale in the Service (hereinafter referred to as “Seller(s)”) shall put up those goods following procedures predetermined by the Company.
Sellers shall be required to consent to these Terms before they put up goods for sale.
The Company will review goods put up for sale, and if the goods fail to meet the Company’s criteria, may impose restrictions on those goods put up for sale and/or the use of the Service by the relevant Seller. Even if any loss or damage is suffered by Sellers as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor.

2. Rules for Sellers
A Seller will be required to enter the ship-from address, SMS authentication, and the Seller’s date of birth and real name to put up goods for sale.
If a Seller is unable to deliver goods to the Company after following the procedures for putting up goods for sale, the Company shall have the right to do any or all of the following at its sole discretion and the Seller shall comply; even if any loss or damage is suffered by the Seller as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor:

• Collecting 10% of the purchase price of the goods as a cancellation charge;
• Deleting information on the Seller from the Service, in part or in whole;
• Cancelling part or all of orders for goods put up for sale by the Seller on the Service;
• Deferring payment to the Seller;
• Imposing restrictions on the Seller for transaction of goods on the Service and other use of the Service;
• Requesting that the Seller pay costs and charges borne by the Company as a result of the Seller’s acts or omissions, and refunding the purchase price for goods to persons who desired to purchase the goods (hereinafter referred to as “Purchaser(s)”); and/or
• Suspending the Seller’s account temporarily or terminating his/her account permanently.

3. Prohibited items for sale
Sellers agree in advance that they may not put up for sale any items prohibited in guidelines related to the Service.If a Seller puts up for sale any goods falling under the prohibited items, it shall be deemed as a violation of these Terms even if there is no willful misconduct or negligence of the Seller, and the provisions of Article 19 shall apply.

4. Sellers’ Compliance with applicable laws and regulations
Sellers shall comply with applicable laws and regulations to put up goods for sale.

5. No liability of the Company
The Company shall not be liable in any way for any loss or damage suffered by a Seller or a third party as a result of the Seller’s acts including putting up goods for sale, except if the loss or damage arises from the Company’s willful misconduct or negligence.
With respect to the result of an authenticity determination, the Company shall not be obliged to disclose matters such as criteria and reasons for the determination.

Article 14 Purchase of Goods and Purchasers

1. Procedures for purchasing goods
Purchasers shall order goods on the Service according to procedures determined by the Company with the intention of purchase.
Purchasers shall be required to consent to these Terms before they purchase goods.

2. Rules for Purchasers
A Purchaser will be required to enter the invoice and delivery address, SMS authentication, and the Purchaser’s date of birth and real name to purchase goods.
A Purchaser may offer a price to purchase the Seller’s goods for sale, and will be obliged to pay the price for the goods when the transaction with the Seller is concluded at the offered price.
Purchasers may not place orders without intention of purchase or for mischievous purposes as determined by the Company based on reasonable grounds.
The Company shall have the right to do any or all of the following if a Purchaser places an order with malicious intent or no intention of purchase or fails to pay for an order, or payment is refused for any reason (in cases such as where a Purchaser makes a purchase that exceeds the Purchaser’s credit card limit, the credit card is cancelled, or a chargeback is requested by the cardholder) and the Purchaser shall comply; even if any loss or damage is suffered by the Purchaser as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor:

• Collecting 10% of the purchase price of the goods as a cancellation charge;
• Deleting information on the Purchaser from the Service, in part or in whole;
• Cancelling part or all of orders for goods that the Purchaser made on the Service;
• Restricting the Purchaser from refunding or making payment;
• Imposing restrictions on the Purchaser for purchase of goods on the Service and other use of the Service;
• Requesting that the Purchaser pay costs and charges borne by the Company as a result of the Purchaser’s acts or omissions, and refunding the purchase price of the goods to the Purchaser; and/or
• Suspending the Purchaser’s account temporarily or terminating his/her account permanently.

3. Required data
The Purchaser acknowledges and agrees that any order placed for goods by a Purchaser shall become invalid if requisite data such as data related to the price of goods and purchase intention action data do not reach the server managed by the Company within the available time determined by the Company to start a transaction.

4. Appraisal and handling of goods
The Company may open packages to appraise the goods. If goods are packed in a package such as a plastic bag and delivered to the Company, the Company may unpack the goods for appraisal. The Company will not ship back items such as packing materials used for packing.
The Company may remove insoles, shoelaces, and/or any accessories for highly accurate appraisal.
The Purchaser acknowledges and agrees that in any case where goods are shipped to the Purchaser or returned to the Seller, the Company shall not be liable in any way for any loss of or damage to the goods arising in connection with their unpacking for appraisal, except if the loss or damage arises from the Company’s willful misconduct or negligence, and that it may be impossible to restore the goods to their state before appraisal when they are shipped or returned.

5. No liability of the Company
The terms and conditions of the sale of goods between a Seller and a Purchaser shall be governed by a separate sales agreement concluded between them. The Company shall not be liable in any way for any loss or damage arising from the sales agreement and suffered by the Purchaser or any third party.
In determining the authenticity of goods, the Company shall not be obliged to disclose matters such as criteria and reasons for determining the authenticity of goods.If the goods are not authentic at the time of their arrival, the Purchaser shall fill in a form with detailed explanations of the inauthenticity and contact information(at)snkrdunk.com within seven (7) days after such arrival. If the Purchaser contacts the Company in accordance with the immediately preceding sentence above and the Company determines that the goods are not authentic, the Company shall be entitled to repay for or replace the goods or take other measures deemed by the Company to be appropriate. Notwithstanding the above, the Purchaser shall not be entitled to any compensation, repayment nor replacement if a tag or a sticker attached to the goods for the confirmation of the authenticity is removed, damaged or tampered with before any such compensation is effected, repayment or replacement.
Unless the Purchaser complies with the procedures set out above under this paragraph, the Purchaser shall not be entitled to any compensation, return or replacement of the goods in any event (including damage in transit).

Article 15 Payment and Implementation of Transaction

1. Conclusion of the sales agreement
When a Purchaser carries out and satisfactorily completes the procedures for completing the purchase of specific goods put up for sale by a Seller in accordance with Article 14, a sales agreement for the goods shall be concluded between such Purchaser and Seller of those goods, and the Purchaser shall be obliged to purchase, and the Seller shall be obliged to sell, such goods. For the avoidance of doubt, the Company shall be authorized by the Seller and the Purchaser as their respective commercial agents to conclude the afore-mentioned sales agreement. The Seller and the Purchaser shall not be entitled to transfer to any third party, provide as collateral, or otherwise dispose of their rights or obligations arising under the sales agreement.

2. Payment due date and delivery charges
Upon conclusion of the sales agreement, the Purchaser shall pay the total amount of the price of the goods and Service Charge according to the method specified by the Company. Charges for delivery of goods from the Sellers to the Company shall be paid by the Sellers, and charges for delivery of goods from the Company to the Purchasers (included in the price of the goods) shall be paid by the Purchasers.

3. Shipment
A Seller shall ship goods by the date specified by the Company after the payment of the price of the goods by a Purchaser has been completed. Only when the Seller ships goods to the Company and the Company appraises the goods and determines that they meet the appraisal criteria, will such goods be shipped to the Purchaser.

4. Cancellation
For the use of the Service, after the conclusion of a sales agreement, neither party thereto shall be entitled to cancel the order for the party’s own convenience.
Nevertheless, if the Purchaser or the Seller wishes to cancel the order, the Company shall request that such party pay a cancellation charge in an amount equivalent to 10% of the price of the goods. The Purchasers and Sellers agree in advance that the Company may take the above action, and in the event of cancellation, their use of the Service may be restricted, in whole or in part, until the payment of the cancellation charge. Even if any loss or damage is suffered by a Purchaser or a Seller as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor.

5. Payment procedures

• If it is required that any payment be made for the Service, it shall be made through the online system on the Service. A Service Charge and other costs required for payment shall be paid in accordance with the provisions of guidelines related to the Service.
  The Company is not a seller of goods in transactions using the Service, and accordingly, the Company shall not issue to any Purchaser a receipt or other form certifying the payment of the price of the goods by the Purchaser.
• In accordance with these Terms and any other terms and arrangements mutually agreed between the Company and the Seller, the Company shall receive the price of the goods from a Purchaser on behalf of the Seller, and the Seller shall grant the Company the authority to receive the price of the goods on the Seller’s behalf (hereinafter, such service of receiving payment from the Purchaser on behalf of the Seller to be referred to as the “Proxy Payment Service”).
  In this case, the Purchaser shall be obliged to pay the Company the price of the goods and Service Charge (hereinafter referred to as “Payment Obligation”) in accordance with the method specified in guidelines related to the Service, by the end of the month following the month on which the date when purchase of specific goods put up for sale by a Seller in accordance with Article 14 is completed (hereinafter referred to as “Due Date”).

6. Failure or delay to pay

• If a User fails or delays to pay any necessary amount in accordance with these Terms, or the use of a User’s credit card or account at a financial institution registered in the Service is suspended, the Company may suspend the use of the Service by the User without notice, and also shall be entitled to take the following measures; even if any loss or damage is suffered by the User as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor:
• If the Purchaser fails to perform the Payment Obligation by the Due Date, the Company shall be entitled to suspend the provision of the Proxy Payment Service for the Purchaser; and
• If the Purchaser fails to perform the Payment Obligation by the Due Date, the Company shall be entitled to request that such Purchaser pay delay damages at 5% of the price of the goods and Service Charge per annum.

7. Cancellation of the sales agreement

• Even when a sales agreement is concluded, if a Purchaser fails or delays to pay the total amount of the price of the goods and Service Charge, a Seller fails to ship goods, or otherwise the Company deems it necessary, the Company shall be entitled to cancel the sales agreement.
  In the event that it is impossible to ship goods to a Purchaser due to such cancellation of the sales agreement or other reasons and it is also difficult to ship the goods back to a Seller, or other events equivalent thereto, the relevant User shall transfer the ownership of the goods to the Company free of charge as instructed by the Company.

8. No liability of the Company
The Company shall not be liable in any way for any loss or damage suffered by a User as a result of the use by third parties of information on the payment means or financial information entered in the Service by the User, inaccuracy of information entered, or the Company’s act or omission of taking measures under this Article.

Article 16 Service Charge and Request for Sales Proceeds

1. Service Charge
When a sales agreement for goods is concluded between a Seller and a Purchaser, both parties shall pay the Company an amount obtained by multiplying the selling price for the goods for which the sales agreement is concluded, by the rate specified separately by the Company in guidelines related to the Service, as a Service Charge. The amount of a Service Charge by goods will be displayed when a Seller sets the selling price and when a Purchaser purchases goods.

2. Request for withdrawal
When a transaction is completed, a Seller shall request the withdrawal of sales proceeds according to procedures predetermined by the Company within 180 days from the time of completion of the transaction. If a Seller fails to request the withdrawal of sales proceeds within 180 days from the time of completion of the transaction, the Seller shall lose a claim for return of and any other rights to those sales proceeds and the sales proceeds shall belong to the Company.

Article 17 Putting up Goods for Sale and Selling Goods by the Company

1. The Company may put up for sale or sell goods in the Service, but this shall not affect the nature of the Service that provides the place and opportunities for the buying and selling of goods between Users.

2. If a Purchaser purchases goods put up for sale by the Company, the Company may be unable to deliver the goods due to a system issues, stock out, a delivery accident, or other circumstances. In that case, the Company shall be entitled at its discretion to cancel the sales agreement for the goods with such Purchaser, and repay the Purchaser or take other measures deemed by the Company to be appropriate.

3. A Purchaser who purchases goods put up for sale by the Company shall not be entitled to cancel a sales agreement for or return the goods except if the goods do not conform to the requirements of the sales agreement or they are not the goods that the Purchaser ordered.

4. A Purchaser who purchases goods put up for sale by the Company shall contact the Company within the period and by the method predetermined by the Company if the goods do not conform to the requirements of the sales agreement or they are not the goods that the Purchaser ordered. In this case, the Purchaser shall follow the Company’s instructions to ship back or otherwise handle the goods, and the Company shall be entitled to repay or replace the goods or take other measures deemed by the Company to be appropriate. If a tag or a sticker attached to goods for attached to the goods for the confirmation of the authenticity is removed, damaged or tampered with, the Purchaser shall not be entitled to any compensation, repayment or replacement in respect of the goods, in any event (including damage in transit).

5. A Purchaser shall, when purchasing goods put up for sale by the Company, pay the price of the goods and perform other acts to be taken by the Purchaser in accordance with these Terms. However, when the Company puts up for sale or sell goods in the Service, Article 13 and the provisions reasonably designated by the Company shall not apply.

Article 18 Delivery of Goods by the Company

1. The Company will, when shipping goods to a Purchaser, deliver the goods to the Purchaser on its own or through a delivery company. Purchasers agree that the Company or the delivery company to which the Company outsources delivery services may confirm the delivery time and date by calling or otherwise contacting them at any time including at night for the delivery of goods.

2. When a Purchaser is absent at the delivery address at the time of delivery of goods, the Purchaser shall designate the redelivery time and date within the number of days predetermined by the Company or a delivery company from the original delivery date following the delivery notice given at the time of such delivery. If the Purchaser fails to designate the redelivery date within the above period or is absent at the time and date of redelivery, or it is difficult to deliver the goods due to the Purchaser’s refusal to receive the goods, or other reasons, the Company shall be entitled at its discretion to cancel the sales agreement with the Purchaser or take other measures deemed by the Company to be appropriate.

Article 19 Prohibited Items for Sale such as Counterfeits and Spoiled or Damaged Goods

If a Seller puts up for sale any item prohibited in guidelines related to the Service such as counterfeits or spoiled or damaged goods, the Company shall have the right to do any or all of the following at its sole discretion; even if any loss or damage is suffered by the Seller as a result of the Company’s measures under this paragraph, the Company shall not be liable in any way therefor:

• Removing the membership of the Seller for the Service;
• Cancelling in part or in whole the orders for goods put up for sale by the Seller on the Service;
• Deferring payment to the Seller;
• Imposing restrictions on the Seller for transaction of goods on the Service;
• Requesting that the Seller pay costs and charges borne by the Company as a result of the Seller’s acts or omissions, and bear costs and charges incurred in refunding to Purchasers;
• Having the Seller bear costs incurred in shipping goods back;
• Providing the law enforcement agency with or disposing of counterfeits;
• Suspending payment to the Seller temporarily or permanently; and/or
• Charging the Seller an additional fee in an amount equivalent to 5% of the transaction amount.
  Sellers agree in advance that the Company may take the any or all of the above actions upon finding prohibited items for sale.

Article 20. Amendment of these Terms

1. The Company may amend these Terms at any time in either of the following cases, and in such case, the amended Terms shall apply as the terms and conditions of use by Users:

• When the amendment of these Terms fits the general interest of Users; or
• When the amendment of these Terms is not contrary to the purpose of these Terms, it is necessary to make such amendment, and the content of the amended Terms is appropriate and reasonable.

2. The Company shall, when amending these Terms under the preceding paragraph, notify Users of the content of the amended Terms and the effective date thereof at least fourteen (14) days prior to such amendment, and the amended Terms shall come into force upon the date of expiration of that notice period.

Article 21. Transfer of Rights or Obligations

1. Any User may not, except with the prior consent of the Company, transfer to any third party, have any third party assume, provide as collateral, or otherwise dispose of the User’s rights, obligations, or status under these Terms.

2. The Users acknowledge and agree that the Company shall, when transferring the business involving the Service to a third party, be entitled to transfer to the transferee the Company’s status, rights, and obligations under these Terms as well as any information on Users in association with the business transfer.

Article 22 Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Singapore without regard to choice or conflict of law principles. Disputes arising out of or in connection with the Service between Users and the Company shall be subject to the exclusive jurisdiction of the courts of Singapore in the first instance. A judgment rendered by such court with jurisdiction in favor of either of the parties to the dispute shall be enforceable in any court in any country.

Established on 13/12/2021

Updated 17/01/2023