1 Introduction
1.1 Welcome to the Best Buy platform (hereinafter referred to as "the Platform"). Before using the Best Buy Platform, opening a Best Buy account (hereinafter referred to as "Account"), or opening a Best Buy store (hereinafter referred to as "Store"), please read these Terms of Service carefully to understand your legal rights and obligations to Best Buy (individually and collectively referred to as "Best Buy", "we", or "our"). The services we provide (hereinafter referred to as "the Services") include (1) the Platform (including the mobile application), (2) the services provided by the Platform and the Best Buy client software, and (3) all information, linked web pages, functions, data, text, images, photos, graphics, music, sound, video, information, labels, content, programming, software, and application services (including but not limited to any mobile application services) (hereinafter referred to as "Content") provided through the Platform or its related services. Any new or upgraded features of the Services shall also be subject to these Terms of Service. These Terms of Service govern your use of the services provided by TikTok Shop.
1.2 Best Buy Policies: Best Buy publishes and updates various terms and conditions applicable to sellers on its platform from time to time, including but not limited to the Cross-Border Seller Service Terms, Privacy Policy, Prohibited and Restricted Goods Policy, Best Buy Logistics Service Terms, policies and terms listed in the Seller Center, and any new policies and terms published thereafter. Unless otherwise stipulated in these Terms of Service, the definitions and interpretations of terms in these Best Buy Policies apply to these Terms of Service.
1.3 Best Buy Platform: Refers to the website and mobile shopping application provided and operated by Best Buy, including but not limited to the global Best Buy shopping website and mobile shopping client.
1.4 By using this service or opening an account and store on this platform, you irrevocably accept and agree to these Terms of Service, including any additional terms and policies mentioned in or linked from these Terms of Service. However, you are still obligated to comply with the Terms of Service rules of the platforms where your stores are located in each country/region. Accepting and agreeing to these Terms of Service does not exempt you from the obligation to read and comply with the Terms of Service of the platforms where your stores are located. In the event of any conflict between these Terms of Service and the Terms of Service of the platform where your store is located, the Terms of Service of the platform where your store is located shall prevail.
If you have entered into other written agreements with us regarding specific services, the terms of those other written agreements shall prevail in the event of any conflict between these Terms of Service and the terms of those other written agreements.
1.5 This service includes providing an online platform service to provide a venue and opportunity for sellers (hereinafter referred to as "you", "users", or "sellers") to trade their goods. The actual sales contract exists between the buyer (hereinafter referred to as "buyer") and the seller. Best Buy is not a party to such sales contract or any other contract between the buyer and seller, and Best Buy assumes no obligation under such contracts. Both the buyer and seller shall bear full responsibility for sales contracts, product listings, shopping guarantees, and similar matters during their use of Best Buy's services. Best Buy does not participate in transactions between users. Best Buy has the right to pre-screen users or content or information provided by users. Best Buy reserves the right to remove any content or information you provide through this platform in accordance with Section 6.5. Best Buy cannot guarantee that users will actually complete a transaction.
1.6 Before becoming a user of this service, you must read and accept all terms contained in and linked to these Terms of Service, and you must agree to the provisions in the Privacy Policy regarding the handling of seller and buyer personal data (if any).
1.7 From the time you become a user of this service, if you violate these Terms of Service or any other rules and policies you are obligated to comply with (including but not limited to the additional terms mentioned in these Terms of Service/or linked to in these Terms of Service and Best Buy policies), Best Buy has the right to take appropriate action against you and your accounts and stores opened on this platform in accordance with these Terms of Service and related rules and policies (including but not limited to the series of disciplinary actions described in Article 7.1 of these Terms of Service). You promise and agree to accept Best Buy's actions and bear the corresponding responsibilities.
2 Privacy
2.1 Best Buy attaches great importance to privacy protection, and we have specifically detailed our privacy protection practices in our Privacy Policy. Please read this Privacy Policy carefully to understand how BestBuy collects and uses personal information related to your account and/or your use of the Service. By using this Service or providing information on this platform, you agree to allow Best Buy to collect, use, disclose, and/or process your content and personal information (if any) related to your use of the Service in accordance with the methods described in this Privacy Policy.
2.2 Users who hold third-party personal data in connection with the use of this Service (hereinafter referred to as the "Recipient") agree to (1) comply with all laws and regulations concerning the protection of personal information; (2) allow users whose personal information was collected by the Recipient (hereinafter referred to as the "Disclosing Party") to remove their information from the Recipient's database; and (3) allow the Disclosing Party to review what information was collected by its Recipient. In the cases of (2) and (3) above, compliance with or in accordance with applicable laws and regulations shall apply.
3 Limited Authorization
3.1 Best Buy grants you a limited and withdrawable right to log in and use the Service in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property rights (hereinafter referred to as "Intellectual Property") displayed on this platform are the property of Best Buy and the third-party owners (if applicable) indicated on this platform. We do not directly or indirectly grant any party logging into this platform the right or authorization to use or reset any property, and no party logging into this platform may claim any rights, title, or interest related to it. By using this service, you agree to comply with the copyrights, trademarks, service marks, and all other applicable laws protecting this service, this platform, and its content. You agree not to copy, distribute, reissue, transmit, publicly display, publicly perform, modify, adapt, rent, or sell any part of this service, this platform, or its content, nor to create derivative works based thereon. Without our prior written consent, you may not mirror or frame any part or all of the content of this platform on any other server or display it as part of any other website/platform. Furthermore, without our prior written approval, you agree not to use any robotic programs, spider programs, or any other automated or manual devices to monitor or copy our content (except where standard search engine technologies are used on search websites to direct internet users to this platform).
3.2 We welcome links from your website to this platform, provided that your website/platform does not imply any endorsement or affiliation with Best Buy. You understand that Best Buy may suspend the provision of some or all of this service at any time in accordance with legal and regulatory requirements or in accordance with the principle of good faith.
4 Software
Any software we provide to you as part of the service is subject to these Terms of Service. Best Buy reserves all rights not expressly granted herein. Any third-party scripts or program code linked to or referenced in this service are licensed to you by the third party who owns the script or program code (and not Best Buy).
5. Account and Security
5.1 Some features of this service require account and store registration. When registering an account and store, you will need to select a unique user identifier (hereinafter referred to as "User ID") and password, and provide some personal information. If Best Buy unilaterally determines that your selected User ID is illegal, non-compliant, or inappropriate, Best Buy has the right to suspend or terminate your account or freeze or close your store. You can use your User ID and password to log in to other products, websites, or services for which we have enabled access or with which we have an alliance or partnership. Best Buy does not review any third-party content, features, security, services, privacy policies, or other specifications of these products, websites, or services. If you do so, the terms of service for these products, websites, or services, including their respective privacy policies (if they differ from our terms of service and/or privacy policies), will also apply to your use of these products, websites, or services.
5.2 You agree to (1) keep your password confidential and use your user ID and password only when logging in, (2) ensure that you log out of your account at the end of each use of the website, (3) immediately notify Best Buy if your account, user ID, and/or password are used without authorization, and (4) ensure that your account information is accurate and up-to-date. You are obligated to safeguard the access rights of your account, and all operations and business activities under your account (including but not limited to sub-accounts opened under your main account) shall be deemed your actions. You must be fully responsible for all activities that occur under your user ID, store, and account, even if you may not be the one performing the activity or use. Best Buy shall not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with the provisions of this section.
5.3 The email address and contact information you use during registration must belong to you and/or your authorized representative. Best Buy has the right to verify the information you submit. You agree that Best Buy may disclose, transfer, or grant access to the aforementioned information to third-party service providers and verify the information; otherwise, Best Buy has the right to refuse to provide this service.
5.4 Your Best Buy account is owned by Best Buy. Best Buy has the right to manage your account in accordance with legal and regulatory requirements or the principle of good faith. You agree that Best Buy may, in accordance with legal and regulatory requirements or the principle of good faith, separately notify you to immediately terminate your account and your user ID, remove any content related to your account and user ID from this platform, revoke any subsidies provided to you, and cancel any transactions related to your account and user ID. Best Buy will also explain to you the reasons for such termination, including but not limited to: (1) inactivity of your account or store for an extended period (more than 30 days); and/or inactivity on the platform for more than one year, including no orders placed for one year (regardless of whether the account is used); (2) violation of these Terms of Service; (3) substantial evidence to confirm that the user has engaged in fraudulent, harassing, defamatory, threatening, insulting, or other illegal or site-violation behavior; (4) the user may have multiple user accounts and duplicate stores with improper or illegal intent; (5) payments have been seized by judicial or administrative authorities; (6) the user has submitted false or forged identity verification information, which has been verified; or (7) behavior that is detrimental to the business interests of other users, third parties, or Best Buy (such as infringement of third-party intellectual property rights, fictitious transactions, abuse of free shipping or discounts, etc.). If you use your account for fraudulent, harassing, defamatory, threatening, insulting, or other illegal purposes, we may report it to the competent law enforcement authorities without notifying you.
5.5 If your Best Buy account is closed due to serious violations, you may not re-register an account. If you are found to have re-registered an account, Best Buy has the right to immediately terminate your service and close your seller account.
5.6 You have the right to terminate these Terms of Service with Best Buy at any time in accordance with the manner agreed upon by both parties. If a user wishes to terminate their account and store, they may notify Best Buy in writing (via customer service or by contacting your account manager). Even if the account and store have been terminated, you remain responsible for any outstanding transactions (whether initiated before or after termination), product shipments, payments for products, and other transaction-related matters. You must notify Best Buy after promptly and effectively fulfilling and completing all outstanding transactions in accordance with these Terms of Service. Best Buy shall not be liable for any damages arising from actions taken under these Terms.
5.7 You may only use this service and/or open an account/or open a store in the countries that we have authorized from time to time, as updated from time to time.
6 Your Commitments and Warranties
6.1 You warrant that you have full rights and/or authority to sell the products listed on the Shopee Best Buy platform, and that such products, whether manufactured, assembled, produced, or otherwise provided by you, are:
(1) of legitimate origin and, unless otherwise stated in the product details, brand new and authentic;
(2) strictly comply with all product warranties you provide to the Best Buy platform, and specifications, drawings, samples, performance standards, or other descriptions of the products provided by the seller to the Best Buy platform;
(3) possess the performance characteristics that the products should have, and any defects in the performance characteristics of the products have been explained;
(4) comply with current laws and regulations, do not violate any current laws and regulations in China and the region where the store is located, meet the requirements for personal and property safety and environmental protection, meet the quality standards stipulated by relevant departments, and do not infringe on the rights (including intellectual property rights) of any third party; and
(5) there are no third-party claims of infringement of any products, or any claims, requests, or legal actions regarding the manufacture, sale, distribution, or use of the products. Furthermore, Best Buy will not receive any third-party allegations of infringement due to your sales of products on the Best Buy platform.
6.2 Commitments and Warranties:
(1) You agree and warrant that Best Buy will not, directly or indirectly, infringe any third party's rights (including intellectual property rights) by advertising, marketing, or promoting your products through any means (whether on the Best Buy platform or other media) or by using the information you provide for advertising, marketing, or promotion of your products;
(2) You commit and warrant that the information you provide may be used by Best Buy in advertising, marketing, or promoting your products (whether on the Best Buy platform or other media), and does not contain any defamatory or other content that violates the applicable laws and regulations of the region where the store is located, and is complete, accurate, and reliable. You commit to immediately notify Best Buy and correct or update any errors or missing information in the materials you provide. You shall bear full responsibility for any content published or otherwise provided by you using the Best Buy platform and services, including but not limited to the accuracy, reliability, and authorization of any provided content.