UPDATED AS AT August 17, 2023
UK: TikTok Shop Terms of Use, and Seller Terms of Sale
Welcome to TikTok Shop UK!
1. TikTok Shop UK 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").
2. These TikTok Shop Terms of Use, and Seller Terms of Sale apply to TikTok Shop UK only.
3. TikTok Shop UK is provided by TikTok Information Technologies UK Limited, a company registered in England with company number 10165711 and having its registered office at Kaleidoscope, 4 Lindsey Street, London, United Kingdom, EC1A 9HP (“TikTok”, “we”, “us” or “our”). You can reach us via our website: http://tiktok.com/feedback/email, or write to us at TikTok Information Technologies UK Limited, Kaleidoscope, 4 Lindsey Street, London, United Kingdom, EC1A 9HP if you are a resident of the United Kingdom.
4. Your use of TikTok Shop UK is governed by:
a) the TikTok Terms of Service. TikTok Shop UK is a part of the “Platform” as defined in the TikTok Terms of Service for the TikTok Platform and TikTok Shop UK is offered subject to the TikTok Terms of Service; and
b) these TikTok Shop UK Terms of Use, and Seller Terms of Sale (“TikTok Shop Terms of Use, and Seller Terms of Sale”), which apply in addition to the TikTok Terms of Service.
5. These TikTok Shop Terms of Use, and Seller Terms of Sale are split into two sections:
Section A: TikTok Shop UK Terms of Use. The TikTok Shop Terms of Use apply to anyone who accesses, browses, makes a purchase on or otherwise uses TikTok Shop UK. This is a contract between you and TikTok; and
Section B: TikTok Shop UK Seller Terms of Sale. The TikTok Shop Seller 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 UK ("Sellers"). This is a contract between Buyers and the relevant Seller.
6. By using TikTok Shop UK (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 Seller, that you accept the TikTok Shop Seller Terms of Sale with the relevant Seller, and that you will comply with them.
7. TikTok and/or its affiliates may provide website features and other products and services to you when you visit or shop at TikTok Shop UK. TikTok is not itself a party to the sale of any Products.
8. The TikTok Shop Terms of Use will continue in force until they are terminated by either you or TikTok in accordance with their termination provisions.
9. In the event of any conflict between these TikTok Shop Terms of Use, and Seller Terms of Sale and the TikTok Terms of Service, for the purposes of your use of or access to TikTok Shop UK, these Terms of Use, and Seller Terms of Sale will prevail.
10. Any capitalised terms not defined in these TikTok Shop Terms of Use, and Seller Terms of Sale but defined in the TikTok Terms of Service have the meaning given to them in the TikTok Terms of Service.
11. Additional terms may apply to your use of TikTok Shop UK. If you are a Seller, additional terms apply to you as well as the TikTok Shop Terms of Use and the TikTok Shop Seller Terms of Sale, for example the UK: Seller Terms of Service for TikTok Shop. If you are a "Partner" or a "Creator" on TikTok Shop UK, additional terms also apply to you as well as the TikTok Shop Terms of Use, for example the TikTok Shop Partner Centre Terms of Service or the UK: TikTok Shop Creator Terms of Use.
SECTION A: TIKTOK SHOP UK TERMS OF USE
1. Information about you and your privacy
Your privacy is important to us. Please read the TikTok Privacy Policy to understand how we collect, use and share information about you.
In short: Some additional terms and policies apply to the collection and use of your information.
2. About TikTok Shop UK
2.1. Who can use TikTok Shop UK?
TikTok Shop UK is currently made available by TikTok in the United Kingdom, and is only for people 18 years old and over. By using TikTok Shop UK, you confirm that you are over the required minimum age. If we learn that you are under the required minimum age specified above to use TikTok Shop UK, you will not be able to purchase Products on TikTok Shop UK.
If you are at or over the required minimum age, and have a valid account with the TikTok Platform (“Account”), you can use such Account to purchase Products from Sellers on TikTok Shop UK.
We may limit your access to (or not permit you to access) TikTok Shop UK where we identify a serious issue, for example if we reasonably suspect fraudulent activity or a security risk.
In short: You need to be 18 or over to use TikTok Shop UK.
2.2. TikTok Shop UK as a Marketplace
IMPORTANT: TikTok allows, and may facilitate, third parties (i.e. Sellers) to promote and sell Products to Buyers on TikTok Shop UK, but TikTok does not sell or promote Products itself. The Sales Contract (as defined in the TikTok Shop Seller Terms of Sale) is always solely between the Buyer and the Seller and not TikTok. TikTok is also not a party to the TikTok Shop Seller Terms of Sale, is not responsible for the fulfilment of the Sales Contract and is not an agent of you or the Seller in connection with any Purchase. The Seller of the Product will be shown on the Product Detail Page (as defined in the TikTok Shop Seller Terms of Sale) and your rights of recourse, for example in relation to refunds and cancellations, are between you and the Seller as provided for in the TikTok Shop Seller Terms of Sale. TikTok, as a marketplace service provider, may use commercially reasonable efforts to require Sellers to provide accurate, authentic and updated information in respect of themselves and their Products, but TikTok does not represent, guarantee or endorse any Products, information or services provided by Sellers.
In short: TikTok does not sell Products on TikTok Shop UK; we allow third parties to advertise and sell Products on TikTok Shop UK. Your contract for the Purchase of Products is with the Seller, not TikTok.
3. How to use TikTok Shop UK
You can use your Account to make a Purchase on TikTok Shop UK. However, you will be asked to provide certain information (“Verification Information”) to TikTok prior to your first Purchase on TikTok Shop UK. We will use your Verification Information to assess whether or not you are authorised to use TikTok Shop UK 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 Verification Information.
In short: You will need to provide certain information before making any Purchases on TikTok Shop UK.
4. Payment
All items purchased on TikTok Shop UK must be paid for through the payment service provider provided on TikTok Shop UK using a valid payment method.
The payment service provider is separate to us and you will be subject to their terms when making payments to Sellers. TikTok does not provide you with any payment processing services on TikTok Shop UK and is not responsible for your payments to Sellers.
In short: Any payments you make will be through the Seller’s payment provider and will be subject to the terms of that payment provider or, where it is not possible to provide the exact amount of tax in advance, the manner in which the tax will be calculated.
5. Customs and Tax Policy
When any tax is chargeable on a Product, the price listed on TikTok Shop UK 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 in advance, you will be told that additional charges may be payable and the manner in which the price is to be calculated).
In short: Prices displayed on TikTok Shop UK will include any tax payable on that Product.
When the Products are being imported into the United Kingdom, you as the Buyer located in the United Kingdom will be the declarant/importer of record. By confirming your Purchase, you agree to pay all applicable fees, taxes, and other amounts associated with the Purchase. Further, you acknowledge your liability for VAT and customs duties, whether charged by TikTok or the Seller or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorise TikTok or the Seller (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 and customs duties on your behalf. Please note that 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. We cannot be liable if a product is delayed or denied customs clearance as a result of your failure to pay such amounts.
In short: you are responsible for any customs taxes due on any Products.
6. Rules for using TikTok Shop UK
To use TikTok Shop UK, you must follow the rules set out in these TikTok Shop Terms of Use, the rules set out in the TikTok Shop Seller 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 UK in any way which is prohibited in any of the terms or guidelines above.
Acceptable Uses
In addition to the rules set out in the TikTok Terms of Service, you must not use TikTok Shop UK or the TikTok Platform for any of the following purposes or do any of the following acts:
● use TikTok Shop UK 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);
● fail to pay for your Purchase unless you have legitimate grounds for such failure;
● use TikTok Shop UK in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
● any act or omission which is against any applicable law;
● any act which infringes the rights of any third party under applicable law;
● purchase or seek to purchase any Products that are prohibited or restricted;
● circumvent any technical measures (e.g. anti-virus measures) applied by us in providing TikTok Shop UK or the TikTok Platform;
● send spam or unsolicited marketing;
● post false, inaccurate, misleading, deceptive, offensive, illegal, defamatory, or libellous content (including as part of a review of a Product);
● leave (or solicit) any reviews where you have a material connection to the Seller; or
● use TikTok Shop UK in a manner that may create a conflict of interest for you or us that undermines the purposes of TikTok Shop UK, such as trading reviews with other users or writing or soliciting false or disingenuous reviews.
In short: Enjoy using TikTok Shop UK but, for the benefit of all our users, there are rules you need to follow.
7. Reviews
TikTok Shop UK may let you post reviews about Products that you have purchased from Sellers on TikTok Shop UK.
You must not post a review about a Product that you have not purchased from a Seller on TikTok Shop UK, including in circumstances 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 perpetual (which means indefinite), non-exclusive (which means that you can license your content to others), world-wide, royalty-free (which means that we don’t pay you for this licence), sub-licensable (which means that we can license your content to others, e.g. to service providers that help us to provide TikTok Shop UK or to trusted third parties that have entered into agreements with us to operate, develop and provide TikTok Shop UK), transferable (which means that we can give the rights you give us to someone else) licence to reproduce (e.g. to copy), adapt or make derivative works (e.g. to translate and/or create captions), perform and communicate your content to the public (e.g. to display it) and translate the content of your review (including the name that you submit with it) on TikTok Shop UK or elsewhere (for example in advertisements outside TikTok Shop UK).
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.
In short: You are free to post reviews of products you have purchased from TikTok Shop UK but they must be honest and we may remove any reviews which we believe are not.
8. Intellectual property
TikTok takes the intellectual property rights 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 UK, you agree not to infringe the intellectual property rights of any person while using TikTok Shop UK.
You acknowledge and agree that, 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 UK and all intellectual property rights related thereto (the “TikTok Shop Content”), are either owned or licensed by TikTok, and you understand that you or your licensors will own any User Content (as defined in Clause 9 below) you upload or transmit through the TikTok Shop Services. Use by you of the TikTok Shop Content or other materials made 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 licence to access and use TikTok Shop UK and the TikTok Shop Content, including to download the Platform on a permitted device, and to access TikTok Shop UK solely for your personal, non-commercial use and solely in compliance with these TikTok Shop Terms of Use. TikTok reserves absolutely and unconditionally all rights not expressly granted herein in TikTok Shop UK. You acknowledge and agree that upon any termination of your Account or these TikTok Shop Terms of Use, this licence granted to you in respect of TikTok Shop UK and the TikTok Shop Content will automatically terminate.
We make no representations, warranties or guarantees, whether express or implied, that any content on TikTok Shop UK (including TikTok Shop Content) is accurate, complete or up to date. Where TikTok Shop UK 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. We will not be liable for any loss or damage that may arise from your use of them.
In short: We own or have a licence to use the content on TikTok Shop UK. You can use this content subject to certain rules. If you see something that should not be on our Platform or TikTok Shop UK, please tell us.
9. Licences by you
TikTok Shop UK is a part of the "Platform" as defined in the TikTok Terms of Service and therefore any content you post to or through TikTok Shop UK ("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 UK, you must have all the rights necessary to do so and you grant to TikTok a perpetual (which means indefinite), non-exclusive (which means that you can license your content to others), world-wide, royalty-free (which means that we don’t pay you for this licence), sub-licensable (which means that we can license your content to others, e.g. to service providers that help us to provide TikTok Shop UK or to trusted third parties that have entered into agreements with us to operate, develop and provide TikTok Shop UK), transferable (which means that we can give the rights you give us to someone else) licence to use the User Content, including to reproduce (e.g. to copy), adapt or make derivative works (e.g. to translate and/or create captions), perform and communicate your content to the public (e.g. to display it), for the purposes of operating, developing and providing the TikTok Shop UK, subject to your Platform settings. The foregoing does not impact any right you may have to have data deleted under applicable law.
In short: When you post content to the Platform, it remains yours, but we can show it to other users and use it to provide the Platform and other users may be able to use it too.
10. Your promises to us
By accepting these TikTok Shop Terms of Use you promise to TikTok 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;
● you will comply with these TikTok Shop Terms of Use and any guidance or policies that we publish or update from time to time; and
● you will comply with all applicable law when using TikTok Shop UK from time to time.
In short: Your Account is important. Keep it safe. Make sure your details are accurate and up to date.
11. 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 Terms of Use we may temporarily or permanently suspend or terminate your Account or impose limits on or restrict your access to TikTok Shop UK, or other parts or all of the TikTok services, in accordance with the TikTok Terms of Service.
In short: We have rules and, if you break them, we can take action against you which may include closing your Account. When your Account is suspended or closed you will lose your access to the platform, including all other TikTok services.
12. Effects of and rights on termination
You may decide to terminate your Account and to end your contractual relationship with TikTok 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 to you. This does not affect any rights we may have to suspend or terminate your Account under Clause 11 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: 2.2 (TikTok Shop UK as Marketplace); 4 (Payment); the fourth and sixth paragraphs of Clause 8 (Intellectual property); 9 (Licences by you); 12 (Effects of and rights on termination); 13 (Liability); 14 (Dispute resolution); 15 (Governing law and jurisdiction) and 16 (Miscellaneous terms), and any other Clauses that expressly or by implication are intended to come into or continue in force on or after termination.
In short: We want you to stay, but you can go whenever you want if you close your Account and stop using the platform, or we can close your Account. Your Account applies across the platform, so when your Account is closed within one TikTok service, you will lose access to your Account across all other TikTok services.
13. Liability
13.1. Liability which we cannot exclude or limit
Nothing 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, including our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
13.2. Types of loss for which we are not liable
IMPORTANT – PLEASE READ
Subject to Clause 13.1 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 UK and/or the TikTok Shop Services, for the following losses (whether direct or indirect): (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 loss of data. We will also not be liable to you for any loss which is not a reasonably foreseeable consequence of our breach of these TikTok Shop Terms of Use (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the TikTok Shop Terms of Use were entered into by us, both you and us knew it might happen).
TikTok's total aggregate liability whether in contract, tort (including negligence), under any statute or otherwise under or in connection with: (i) these TikTok Shop Terms of Use; (ii) our provision (or your receipt) of TikTok Shop UK and/or the TikTok Shop Services; and (iii) any Products you purchase from Sellers will be limited to £100 in the aggregate.
You acknowledge and agree that, subject to Clause 13.1 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 Sellers) and published on TikTok Shop UK; (ii) any acts or omissions of Sellers; (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 Seller, advertiser or sponsor whose Products or advertising appears on TikTok Shop UK (provided that we have not been made aware of the information, fact or situation causing the loss and failed to act promptly in order to remedy it); (v) your failure to provide us with accurate Account information; or (vi) your failure to keep your password or Account details secure and confidential.
In short: We will always seek to provide you with an enjoyable and safe user experience, but you take TikTok Shop UK as it is and understand that we do not control everything that is on it. We will not be responsible for certain losses you suffer as a result of using TikTok Shop UK.
14. Dispute resolution
14.1. Disputes between you and a Seller (or between you, Sellers and third parties)
You and each Seller that you choose to purchase from are responsible for resolving any dispute that may arise between you. TikTok may facilitate communications between Sellers and Buyers (or between Sellers, Buyers and third parties), but is not a party to any such dispute and has no obligation to facilitate such communications.
In short: We will not be involved in any dispute between you and a Seller, other than to help with communications.
14.2. Disputes between you and TikTok
If you have a complaint or dispute with us relating to TikTok Shop UK, in the first instance please contact us via our website: http://tiktok.com/feedback/email or via our customer services offered, and attempt to resolve the dispute with us informally. In the event we are unable to resolve the dispute informally, the dispute will be resolved pursuant to Clause 15 (Governing law and jurisdiction).
In short: We hope we do not get into a dispute but, if we do, there are several ways we can try to resolve it. You may contact us directly, you may raise the dispute with an alternative dispute resolution body here or you may go the courts in the country where you live.
15. Governing law and jurisdiction
These TikTok Shop Terms of Use are governed by the governing law of 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 these TikTok Shop Terms of Use or their subject matter or formation shall be resolved in accordance with the dispute resolution terms in the TikTok Terms of Service applicable to you.
In short: We hope we do not get into a dispute but, if we do, it will resolved under the laws of the country where you live.
16. Miscellaneous terms
16.1. Relationship between the parties
Nothing in these TikTok Shop Terms of Use shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and TikTok or any TikTok affiliate (a TikTok affiliate being any entity that directly or indirectly controls, is controlled by, or is under common control with us).
In short: These terms do not create any special relationship between you and us.
16.2. Third party rights
Unless 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.
In short: Only you or we can rely on these terms.
16.3. Changes to these TikTok Shop Terms of Use
We may make changes to these TikTok Shop Terms of Use (or TikTok Shop UK) from time to time. If we do, we will consider your reasonable interests before doing so.
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 in order to use TikTok Shop UK. If you are a Buyer and purchase a Product, the Purchase will be subject to the TikTok Shop Seller Terms of Sale in force at the time of Purchase.
We will use commercially reasonable efforts to generally notify you and all Buyers of any material changes to these TikTok Shop Terms of Use, such as through a notice on TikTok Shop UK. 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 UK 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 TikTok Shop UK.
Reasons that we might make changes to these TikTok Shop Terms of Use or TikTok Shop UK are:
· changes in circumstances beyond our reasonable control;
· changes in the law;
· changes we make to TikTok Shop UK in the usual course of developing our product;
· to adapt to new technologies;
· to reflect changes in the number of people who use TikTok Shop UK or any relevant feature or functionality of TikTok Shop UK; or
· to address a security issue.
In short: If these terms change in a material way, we will tell you. It won’t change anything between us that has happened already but, if you keep using TikTok Shop UK after we have changed these terms, we will assume you agree to the changes. TikTok Shop UK will evolve as we improve it.
16.4. Notices
We may provide notices to you under these TikTok Shop Terms of Use by way of 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 UK.
You may provide notices to TikTok under these TikTok Shop Terms of Use via our website: http://tiktok.com/feedback/email.
In short: We may contact you via the email address you have provided in your Account.
16.5. No waiver
Our 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 by us of that or any other right or remedy.
In short: If we do not exercise any of these terms when we have an opportunity to do so, we can still do so at a later date.
16.6. Security
You are responsible for configuring your information technology, computer programs and platform to access TikTok Shop UK. You should use your own virus protection software.
In short: Enjoy using TikTok Shop UK but keep your systems safe when using it.
16.7. Severability
If 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.
In short: If any of these terms cannot be enforced, the other provisions will not be affected.
16.8. Events outside of our control
TikTok will not 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.
In short: We are not responsible for anything that is outside our control.
16.9. Transferring these terms
These TikTok Shop Terms of Use, and any rights and permissions granted in them, may not be transferred or assigned by you, but may be assigned by TikTok without restriction. If we do so, this will not affect your rights as a consumer. And, if you are not happy, you always have the right to terminate this contract and stop using TikTok Shop UK at any time.
In short: We have no plans to do so but, if in the future we sell all or part of, or re-organise our business, another company may end up providing TikTok Shop UK to you.
SECTION B: TIKTOK SHOP UK SELLER TERMS OF SALE
1 General information
1.1 TikTok Shop UK allows buyers (“Buyers”) to purchase products (“Products”) from third party traders on the TikTok platform (“Sellers”). TikTok Shop UK operates as a third party marketplace for Sellers, and TikTok does not itself sell Products on TikTok Shop UK, nor is it party to any contract for the sale of Products to Buyers.
1.2 Set out below are the terms and conditions (“TikTok Shop Seller Terms of Sale”) that apply where Buyers make a purchase of Products from Sellers ("Purchase"). Please read these TikTok Shop Seller Terms of Sale carefully before placing an order for a Product from a Seller on TikTok Shop UK.
1.3 Once a legally binding contract has been formed between you and the Seller (as described in Clause 3 below), these TikTok Shop Seller Terms of Sale (together with any Enhanced Terms, as described in Clause 4 below) will become a legally binding Sales Contract (as described in Clause 3.3 below) between you and the Seller. The TikTok Shop Seller Terms of Sale are an agreement between Sellers and Buyers; TikTok is not a party to the TikTok Shop Seller Terms of Sale.
1.4 The Seller that you will be purchasing a Product from via TikTok Shop UK will be identified on the ‘product detail page’ of the relevant Product (“Product Detail Page”). All references to “Seller” in these TikTok Shop Seller Terms of Sale mean the Seller that you will be purchasing a Product from on TikTok Shop UK.
1.5 Any capitalised terms used but not defined in these TikTok Shop Seller Terms of Sale are defined and have the meaning given to them in the TikTok Shop Terms of Use.
2 Products
2.1 Product information is provided by the relevant Seller on the Product Detail Page. You should review the information of the Products which you intend to purchase before placing an order from a Seller on TikTok Shop UK.
2.2 Sellers 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 law or under these TikTok Shop Seller Terms of Sale (including any Enhanced Terms (as defined in Clause 4)).
In short: Details about Products will be on the product detail page. The Seller will make sure Products are accurately described and work for their purpose.
3 Contract for sale
3.1 You may place an order for a Product by clicking ‘Buy Now' (or a button with similar wording which signals your obligation to pay). Your order will be subject to these TikTok Shop Seller Terms of Sale (including any Enhanced Terms (as defined in Clause 4)).
3.2 If your order is successful, you will then receive an order acknowledgment message via TikTok Shop UK which contains details of your order.
3.3 The order acknowledgement is confirmation that your order has been received and that a legally binding contract between you and the Seller has been formed based on the TikTok Shop Seller Terms of Sale (including any Enhanced Terms) (“Sales Contract”).
3.4 You must comply with your obligations under these TikTok Shop Seller Terms of Sale (including any Enhanced Terms). There is a legal obligation on the Seller to supply Products that are in conformity with the Sales Contract.
In short: When you place an order, you will receive a confirmation message on TikTok Shop UK. Once your order is confirmed, the Seller must deliver the Product you have purchased.
4 Enhanced terms
4.1 These TikTok Shop Seller Terms of Sale set out your basic rights in respect of the purchase of a Product from a Seller. The Seller may, however, choose to offer certain improved rights of cancellation, return and refund (“Enhanced Terms”). Depending on their location, Sellers 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.
4.2 If a Seller 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 Seller Terms of Sale instead of the equivalent terms set out below.
4.3 In the event of any conflict between the Enhanced Terms and the rest of the Terms of Use, and Seller Terms of Sale (including these TikTok Shop Seller Terms of Sale), the Enhanced Terms prevail provided such terms are an improvement to the rights provided in these TikTok Shop Seller Terms of Sale and applicable law.
In short: You have rights under these Terms in relation to cancellation, return and refunds. Where a Seller offers better terms of cancellation, returns and refunds, those better terms will apply instead of these Terms.
5 Purchases
5.1 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 Sellers' rules to the contrary.
5.2 The logistics for arranging a return of a Product and any associated fees will be as you agree with the Seller.
In short: You may have a right to return or cancel a purchase under the laws of your country. Arrangements and fees for returns will be confirmed by the Seller.
6.1 You have certain rights under law, including that a Product is as described, fit for purpose and of satisfactory quality. You also have certain remedies available to you under law if those rights are breached, for example to a refund, repair and/or replacement.
6.2 Nothing in these TikTok Shop Seller Terms of Sale limit or exclude the above rights that you have under law. You should follow the instructions on TikTok Shop UK if you wish to exercise such rights.
6.3 If you wish to exercise your legal rights to reject a Product you must return it to the Seller. The Seller is responsible for paying the costs of postage or collection. To arrange this, you will need to follow the instructions on TikTok Shop UK.
In short: If your Product is faulty or doesn’t match its description, you can request a refund or repair or replacement in accordance with the laws of your country.
7 The Seller’s liability to you
7.1 If the Seller fails to comply with these TikTok Shop Seller 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 Seller Terms of Sale was made, both the Seller and you knew it might happen.
7.2 The Seller 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.
7.3 Nothing in these TikTok Shop Seller Terms of Sale limits the Seller's liability for death or personal injury caused by the Seller or the Seller’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.
In short: The Seller is responsible for losses you suffer caused by its breaking of these Terms unless the loss is unexpected or not obvious it would happen.
8 Seller’s right to cancel
8.1 Subject to applicable law, the Seller may cancel your order (and, if relevant, require the return of any Products provided to you and the Seller will refund any amounts paid if):
● you do not comply with your obligations under these TikTok Shop Seller Terms of Sale;
● you do not make any payment when it is due;
● the price listed was materially incorrect;
● unforeseen stock damage; or
● you do not, within a reasonable time of asking, provide the Seller with information that is necessary for it to provide the Products (for example your delivery address),
or for any other valid reason.
In short: In certain circumstances the Seller can cancel your order and refund any amounts you have paid.
9 Product ownership and changes to Products
9.1 A Product will be your responsibility from the time the Seller delivers the Product to the address you gave the Seller for delivery. You own a Product once the Seller has received payment in full for it.
9.2 Although the Seller 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.
9.3 If the Seller is making the Product to measurements or specifications you have given it, you are responsible for ensuring that these measurements and specifications are correct when making an order.
In short: A Product's true colour may not exactly match that shown on your device. Please check that measurements or specifications you give a Seller for a personalised Product are correct.
10 Purchase Price, Delivery Costs and Tax
10.1 The purchase price for a Product will be as set out on the Product Detail Page.
10.2 Sellers may offer one or more delivery options. The price for each delivery option will be as set out on the Product Detail Page.
10.3 All purchase prices and delivery costs are inclusive of VAT.
10.4 You will pay the purchase price and delivery costs of the Product through the payment provider engaged by the Seller, using a valid payment method.
In short: Sellers may offer multiple delivery options at different prices. All prices will include VAT. Any payments you make will be through the Seller's payment provider.
10.5 You agree that, where applicable, you will act as the importer of record of the products purchased and you hereby authorize the Seller (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.
10.6 By confirming your Purchase, you agree to pay all applicable fees, taxes, and other amounts associated with the Purchase. Further, you acknowledge your liability for VAT and customs duties, whether charged by TikTok or the Seller or payable on import. Please note that 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. We cannot be liable if a product is delayed or denied customs clearance as a result of your failure to pay such amounts.
In short: you are responsible for any customs taxes due on any Products.
11 Delivery
11.1 The delivery time will vary depending on the delivery options offered by the Seller, as set out on the Product Detail Page. Your order will be fulfilled by the delivery date set out in the order acknowledgement message.
11.2 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the Seller 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 Seller is unable to contact you or re-arrange delivery or collection it may cancel your order.
In short: The date for delivery of your order will be confirmed by the Seller. If delivery fails, the Seller will try to re-arrange delivery but it may cancel your order if unable to do so.
12 Your cooling off period withdrawal right
12.1 Unless one of the exceptions in Clause 12.2 of these TikTok Shop Seller Terms of Sale applies, you have the right to cancel an order for a Product at any time within the “cooling off period”. Subject to any Enhanced Terms offered by the Seller, the cooling off period runs from when you place the order for the Product until the end of 30 days after the day on which the Product was delivered to you or to a third party other than the carrier designated by you. For the avoidance of doubt, the 30 day cooling off period described in this Clause 12.1 is an extension of your statutory right to cancel your contract within 14 days after the date on which you receive your Product.
12.2 The above right of cancellation will not apply in respect of the following Products, subject to Clause 6 of these TikTok Shop Seller Terms of Sale (Problems with Products):
12.2.1 the following Products cannot be cancelled or returned due to you changing your mind at any point after you have placed your order:
· trading cards (such as a pack of Pokémon cards) which have been opened; and
· customised Products or Products that are made to your specifications (such as tailor-made clothing, personalised pencils, made to order items etc); and
12.2.2 the following Products cannot be cancelled or returned due to you changing your mind after they have been shipped:
· Products which are not suitable for return due to health or hygiene reasons (such as cosmetics, earrings, personal health care Products, baby Products, feminine hygiene Products, intimate apparel such as underwear and swimwear) where the packaging has been opened and/or any hygiene seal broken;
· audio, video or computer software Products where the security seal has been broken; and
· Products which may deteriorate or expire rapidly and therefore are not suitable for return (such as flowers).
12.3 In order to cancel an order for a Product under this Clause 12, you must signify your decision to cancel before the expiry of the cooling off period by following the instructions on the "My Shopping" tab in your Profile. You may also use this TikTok Shop Model Cancellation Form. You will then have a right to return the Product and obtain a refund as set out below.
12.4 If you submit a request to cancel an order after the expiry of the cooling off period, you will have lost your right to cancel the order under this Clause 12 and will not have a right to return and refund as set out below.
12.5 If you submit a request to cancel an order and the Product is either in transit to you, or has already been delivered to you, in order to obtain a refund, you must return the Product by the end of 14 days after the day you submit your request. Details of how and where to return the Product are set out on TikTok Shop UK. TikTok Shop UK provides a "Drop off" service on behalf of Sellers for Product returns; if you use this service to return your Product you will not be charged for the return costs. For cooling off returns, if you use self-arrange for the return of your Product, you will need to pay the return costs but you will receive a voucher for use on TikTok Shop UK (up to a maximum value, dependent on your jurisdiction). Sellers may offer to collect Products from you, and if they do so this will be set out in the Enhanced Terms. The "Drop off" service provided by TikTok is not available if your Product is over 15kg or costs over £1,500; for such Products, you must contact the Seller to arrange the return of your Product.
12.6 Once the Product is received from you, subject to Clause 12.9, you will be eligible for a refund of any payments actually paid by you for the Product plus the delivery cost that you paid for the Product (up to the price of the cheapest delivery option offered by the Seller). If you elected to pay for a more expensive delivery option than the cheapest delivery option, you may not be refunded your entire delivery cost (just the amount of the cheapest delivery option). For example, if the Seller offers delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then the Seller is only obliged to refund what you would have paid for the cheaper delivery option.
12.7 You must return the Product for which you have requested a refund (in compliance with these TikTok Shop Seller Terms of Sale) in order to be eligible for a refund. If you send an item that is not the correct Product, this may be disposed of, and there is no guarantee that it will be found or returned to you. No compensation will be provided to you for any loss this may cause.
12.8 All refunds due to you under this Clause 12 will be processed by no later than the end of 14 days after the day the Product is received from you (or if it has been agreed that the Product will be collected from you, by no later than the end of 14 days after the day of your cancellation request). The refund will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
12.9 You must return the Product in its original packaging, with all labels attached, intact, and in its original condition. The Product should also be unused and in a condition that will allow the Seller to sell the Product again at full price. If the value of the Product you have returned is diminished by any amount as a result of you handling the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product (in other words, the sort of handling that might reasonably be allowed in a physical shop), an amount may be recovered from you, up to the purchase price of the Product. This may be done by deducting the amount from the refund that would otherwise be due to you. For the purposes of the foregoing, it may be deemed that the removal of tags, labels and/or packaging from the Product is handling that is more than necessary.
In short: For most Products you have a right to change your mind and return the Product within certain time periods. If your refund is permitted, you will receive a refund of what you paid for it, including the standard delivery costs. Returns are free if you use the TikTok Shop UK "Drop off" service. Your refund may be reduced if you have used or damaged a Product.
13 Information about you and your privacy
Please note that Sellers are independent controllers of the data that they process about you via TikTok Shop UK, and TikTok is not responsible for their compliance with applicable law.
In short: We are not responsible for any Sellers' use of your data.
14 Disputes between you and the Seller
14.1 You and each Seller that you choose to purchase from are responsible for resolving any dispute that may arise between you. TikTok may facilitate communications between Sellers and Buyers (or between Sellers/Buyers and relevant third parties), but TikTok is not a party to any such dispute and has no obligation to facilitate such communications.
14.2 If you have a complaint relating to a Product, you should contact the Seller. You may also use any alternative dispute resolution process offered by the Seller.
In short: We will not be involved in any dispute between you and a Seller, other than to help with communications.
15 Governing law and jurisdiction
These TikTok Shop Seller Terms of Sale are governed by the governing law of the TikTok Terms of Service applicable to you. If you have a dispute with a Seller, you can pursue the claim against the Seller in your local courts.
In short: We hope there is no dispute but, if there is, it will be resolved under the laws of the country where you live.
16 Miscellaneous terms
16.1 Relationship Between the Parties: Nothing in these TikTok Shop Seller Terms of Sale shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and the Seller.
In short: These Terms do not create any special relationship between you and the Seller.
16.2 Third party rights: Unless expressly stated otherwise, these TikTok Shop Seller 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 Seller Terms of Sale and neither you nor the Seller will need to get the agreement of any other person in order to end the TikTok Shop Seller Terms of Sale or make any changes to the TikTok Shop Seller Terms of Sale.
In short: Only you or the Seller can rely on these Terms.
16.3 Notices: The Seller may provide notices to you under these TikTok Shop Seller Terms of Sale within 60 days of you placing an order with the Seller by sending you an in-app message. You may provide notices to Seller under these TikTok Shop Seller Terms of Sale by sending the Seller an in-app message.
In short: The Seller may contact you via the email you have provided in your Account.
16.4 Events beyond the Seller’s control: The Seller will not be liable for any delay or failure to perform any of its obligations under these TikTok Shop Seller Terms of Sale for reasons, events or other matters beyond its reasonable control.
In short: The Seller is not responsible for anything that is outside of its control.
16.5 Communication: You agree that contract related communication including invoicing may be made in electronic form.
In short: You may be provided with information or invoices online.