UPDATED AS AT 8 JULY 2022
TikTok Shop Terms of Use and Sale
Welcome to TikTok Shop!
TikTok Shop is a third party marketplace provided via the TikTok mobile application (“TikTok Platform”), allowing you to access, browse, make a purchase on and otherwise use TikTok Shop, and providing features and services in connection with the foregoing, along with any other services we may provide from time to time (collectively, "TikTok Shop Services").
TikTok Shop is provided by TikTok (“TikTok”, “we”, “us” or “our”). You can find details of the relevant entity providing the TikTok Platform and TikTok Shop to you, and information about how to contact us, in the Additional Jurisdiction Specific Terms.
Your use of TikTok Shop is governed by:
1. the TikTok Terms of Service. TikTok Shop is a part of the “Platform” as defined in the TikTok Terms of Service for the TikTok Platform and TikTok Shop is offered subject to the TikTok Terms of Service; and
2. these Terms of Use and Sale ("TikTok Shop Terms of Use and Sale"), which apply in addition to the TikTok Terms of Service.
These TikTok Shop Terms of Use and Sale are split into two sections:
Section A: TikTok Shop Terms of Use. The TikTok Shop Terms of Use apply to anyone who accesses, browses, makes a purchase on or otherwise uses TikTok Shop. This is a contract between you and TikTok; and
Section B: TikTok Shop Terms of Sale. The TikTok Shop Terms of Sale apply (in addition to the TikTok Shop Terms of Use) with respect to any purchases of goods ("Products") made by buyers ("Buyers") from third party traders on TikTok Shop ("Merchants"). This is a contract between Buyers and the relevant Merchant.
By using TikTok Shop (or clicking “Buy Now” or otherwise placing an order), you agree that (1) you can form a legally binding contract with TikTok, that you accept the TikTok Shop Terms of Use and that you will comply with them; and (2) you can form a legally binding contract with the relevant Merchant, that you accept the TikTok Shop Terms of Sale with the relevant Merchant, and that you will comply with them.
The TikTok Shop Terms of Use will continue in force until they are terminated by either you or TikTok in accordance with their termination provisions.
In the event of any conflict between these TikTok Shop Terms of Use and Sale and the TikTok Terms of Service, for the purposes of your use of or access to TikTok Shop, these Terms of Use and Sale will prevail to the extent of any inconsistency.
Any capitalised terms not defined in these TikTok Shop Terms of Use and Sale but defined in the TikTok Terms of Service have the meaning given to them in the TikTok Terms of Service.
SECTION A: TIKTOK SHOP TERMS OF USE
Your privacy is important to us. Please read the TikTok Privacy Policy and the TikTok Shop Privacy Policy to understand how we collect, use and share information about you. Please also read our Cookie Policy to understand how we use cookies on the TikTok Shop.
The Additional Jurisdiction-Specific Terms apply in addition to these TikTok Shop Terms of Use and the TikTok Terms of Service, where Buyers make a Product purchase from TikTok Shop (“Purchase”) depending on their usual residence (“Additional Terms”). In the event of any conflict between the Additional Terms and the rest of these TikTok Shop Terms of Use, the Additional Terms shall prevail.
TikTok Shop is only for people 18 years old and over (you may need to be older depending on where you are based – please see the Additional Jurisdiction-Specific Terms for further information). By using TikTok Shop, you confirm that you are over the required minimum age. If we learn that someone under the required minimum age specified above (or in the Additional Jurisdiction-Specific Terms) is using TikTok Shop, the user will not be able to purchase Products on TikTok Shop.
If you are over the required minimum age, and have a valid account with the TikTok Platform (“Account”), you can use such Account to purchase Products from Merchants on TikTok Shop.
Buyers can purchase Products from a Merchant on TikTok Shop and arrange with the Merchant to have the Products delivered to an address in any of the jurisdictions where TikTok Shop is made available by TikTok from time to time. We may use technical measures to restrict your access to TikTok Shop and you agree not to circumvent such technical measures. If you have any questions about the jurisdictions where TikTok Shop is available or your access to TikTok Shop, please contact us at e-commerce@tiktok.com.
All Products purchased on TikTok Shop must be paid for through a payment provider engaged by the Merchant using a valid payment method.
The payment provider is separate to us and you will be subject to their terms when making payments to Merchants. TikTok Shop does not provide you with any payment services and is not responsible for your payments to Merchants.
Please refer to the Additional Terms applicable to your jurisdiction set forth in the Additional Jurisdiction-Specific Terms below for more information on payment.
When any tax is chargeable on the supply, the price listed on TikTok Shop will be inclusive of such applicable taxes, including but not limited to value-added tax ("VAT"), goods and services taxes, sales and service taxes, as well as customs duty and any other applicable import taxes (or, where it is not possible to provide the exact amount of such taxes or duties, you will be told that additional charges may be payable and the manner in which the price is to be calculated).
There may be instances in which you may need to pay additional taxes and/or customs duties. Please refer to the Additional Terms applicable to your jurisdiction set forth in the Additional Jurisdiction-Specific Terms below for information on Customs and Tax Policy.
To use the TikTok Shop, you must follow the rules set out in these TikTok Shop Terms of Use, the rules set out in the TikTok Shop Terms of Sale, the rules set out in the TikTok Terms of Service, all applicable laws and regulations, and any rules, guidance or policies that we publish or update from time to time. You must not use TikTok Shop in any way which is prohibited in any of the 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 or the TikTok Platform for any of the following purposes or do any of the following acts:
● using TikTok Shop if you are not able to form a contract which is legally binding (e.g. you are under the age in the applicable jurisdiction to form a legally binding contract for a Purchase);
● failing to pay for your Purchase unless you have legitimate grounds for such failure;
● using TikTok Shop in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
● any act or omission which is against any applicable law;
● any act which infringes the rights of any third party under applicable law;
● purchasing or seeking to purchase any Products that are prohibited or restricted;
● circumventing any technical measures (e.g., geo-blocking measures) applied by us in providing TikTok Shop or the TikTok Platform;
● sending spam or unsolicited marketing;
● posting false, inaccurate, misleading, deceptive, offensive, illegal, defamatory, or libellous content (including as part of a review of a Product); or
● using TikTok Shop in a manner that may create a conflict of interest for you or us that undermines the purposes of TikTok Shop, such as trading reviews with other users or writing or soliciting shill reviews.
TikTok Shop may let you post reviews about Products that you have purchased from Merchants on TikTok Shop.
You must not post a review about a Product that you have not purchased from a Merchant on TikTok Shop, including where you have purchased it elsewhere.
By accepting these TikTok Shop Terms of Use you, when posting a review: (a) promise to us that you own or otherwise control all of the rights in the content of the review; (b) promise to us that the content of your review is accurate, is not misleading and reflects your genuinely held belief in respect of the relevant Product; and (c) grant us a non-exclusive, world-wide, royalty-free, sub-licensable, transferable licence to reproduce, publish and translate the content of your review (including the name that you submit with it) on TikTok Shop.
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.
TikTok takes the intellectual property rights of others very seriously.
We have a process by which people can report alleged infringements of intellectual property rights. You can find information about how our reporting process works in the TikTok Shop Intellectual Property Policy.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of TikTok Shop, you agree not to infringe intellectual property rights of any person while using TikTok Shop.
As between you and TikTok Shop, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the TikTok Shop Services, TikTok Shop and all intellectual property rights related thereto (the “TikTok Shop Content”), are either owned or licensed by TikTok, it being understood that you or your licensors will own any User Content (as defined in Clause 10 below) you upload or transmit through the TikTok Shop Services. Use by you of the TikTok Shop Content or other materials available as part of the TikTok Shop Services for any purpose not expressly permitted by these TikTok Shop Terms of Use is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. We and our licensors reserve absolutely and unconditionally all rights arising out of or in connection with the TikTok Shop Services and the TikTok Shop Content not expressly granted in and to such content and materials.
Subject to these TikTok Shop Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide licence to access and use TikTok Shop and the TikTok Shop Content, including to download the Platform on a permitted device, and to access TikTok Shop solely for your personal, non-commercial use and solely in compliance with these TikTok Shop Terms of Use. TikTok reserves absolutely and unconditionally all rights not expressly granted herein in TikTok Shop. You acknowledge and agree that upon any termination of your account or these TikTok Shop Terms of Use, this licence granted to you in respect of TikTok Shop 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 (including TikTok Shop Content) is accurate, complete or up to date. Where TikTok Shop contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them.
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; and
● you will comply with these TikTok Shop Terms of Use and any guidance or policies that we publish or update from time to time.
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, or other parts or all of the TikTok services, in accordance with the TikTok Terms of Service.
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. This does not affect any rights we may have under to suspend or terminate your Account under Clause 12 of these TikTok Shop Terms of Use, or under the TikTok Terms of Service.
On termination of your Account (by you, us or otherwise), all related rights and obligations under these TikTok Shop Terms of Use and the TikTok Terms of Service immediately terminate.
The following Clauses of these TikTok Shop Terms of Use shall survive termination: 10 (Licences by You); 13 (Effects of and Rights on Termination); 14 (Liability); 15 (Dispute Resolution); 16 (Governing Law and Jurisdiction) and 17 (Miscellaneous Terms).
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.
Subject to Clause 14.1 of these TikTok Shop Terms of Use, we shall not be liable to you, whether in connection with these TikTok Shop Terms of Use or our provision (or your receipt) of TikTok Shop and/or the TikTok Shop Services, for: (i) any loss of profit (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of business; (v) any business interruption; (vi) any loss of business reputation; or (vii) any indirect or consequential loss.
TikTok's total aggregate liability whether in contract, tort (including negligence), under any statute or otherwise under or in connection with these TikTok Shop Terms of Use or our provision (or your receipt) of TikTok Shop and/or the TikTok Shop Services will be limited to £100.
You acknowledge and agree that, subject to Clause 14.1 of these TikTok Shop Terms of Use, we shall not be liable for any liability, loss, expense (including legal fees), cost, claim or damages which may be incurred by you or any other person arising out of or in connection with: (i) any content or information submitted by users (or Merchants) and published on TikTok Shop; (ii) any acts or omissions of Merchants; (iii) any reliance placed by you on the completeness, accuracy or existence of any advertising or Product listing; (iv) any relationship or transaction between you and any Merchant, advertiser or sponsor whose Products or advertising appears on TikTok Shop (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.
You and each Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. TikTok may facilitate communications between Merchants and Buyers (or between Merchants, Buyers and third parties), but is not a party to any such dispute and has no obligation to do so.
If you have a complaint or dispute with us relating to the TikTok Shop, in the first instance please contact us at e-commerce@tiktok.com 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 16 (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 it 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.
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.
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.
We amend these TikTok Shop Terms of Use from time to time, for instance when we update the functionality of TikTok Shop, or when there are regulatory changes. You will be subject to these TikTok Shop Terms of Use (and any relevant guidelines and policies) in force at the time you accept them in order to use TikTok Shop. If you are a Buyer and purchase a Product, the Purchase will be subject to the TikTok Shop Terms of Sale in force at the time of Purchase.
We will use commercially reasonable efforts to generally notify all Buyers of any material changes to these TikTok Shop Terms of Use, such as through a notice on TikTok Shop. We will also update the “Last Updated” date at the top of these TikTok Shop Terms of Use, which reflect the effective date of such TikTok Shop Terms of Use. Your continued access or use of the TikTok Shop after the date of the new TikTok Shop Terms of Use constitutes your acceptance of the new Terms. If you do not agree to the new TikTok Shop Terms of Use, you must stop accessing or using the TikTok Shop.
We may provide notices to you under these TikTok Shop Terms of Use by way of such as sending you an email to the email address provided by you in your Account, through in-app message or chat, or by a notice on TikTok Shop.
You may provide notices to TikTok under these TikTok Shop Terms of Use by email to e-commerce@tiktok.com.
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 of that or any other right or remedy.
You are responsible for configuring your information technology, computer programs and platform to access TikTok Shop. You should use your own virus protection software.
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.
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.
We may transfer these TikTok Shop Terms of Use, our rights or obligations to anyone else provided that this does not disadvantage you. You hereby consent to the transfer by us in advance to any third party whatever the nature of such transfer, in particular whether it happens through an assignment, merger, absorption, split, partial contribution of capital, transfer of all of our assets and liabilities. This transfer will enter into force at the time when we notify you thereof. You hereby agree that the transfer of these TikTok Shop Terms of Use to a third party will result in waiving your rights against us for the future.
The following terms apply to a Buyer located in the relevant jurisdiction ("Additional Terms"). Where applicable, Additional Terms prevail to the extent of any inconsistency with the rest of these TikTok Shop Terms of Use.
I. Southeast Asia (Singapore, Indonesia, Vietnam, Thailand, Malaysia and the Philippines)
A. TikTok Shop Provider
You acknowledge that the relevant entity providing the Platform is TikTok Pte. Ltd., which is registered in Singapore, with its registered office at 1 Raffles Place #26-10 Singapore 048583, and references to TikTok/Us/We/Our shall be construed accordingly. You further acknowledge that TikTok Pte. Ltd. enters into these Terms and performs all acts and obligations from Singapore.
B. How to Contact Us
You can reach us at: e-commerce@tiktok.com or write to us at 1 Raffles Place #26-10 Singapore 048583.
You make payments to the Merchants through the merchant acquirer engaged (or payments provider / facility made available, as applicable) by the Merchant.
Notwithstanding the remaining Terms (including without limitation payment terms), you acknowledge that TikTok is not providing any payment services to you, including without limitation accepting or receiving any payments from you (including any payments that are due to the Merchants) or due to you (including any refunds from the Merchants to you), or making any other payments or transfer of payments from or to you. We will not be liable to you for any losses suffered as a result of any breach or default by the third parties who provide the payment services.
These TikTok Shop Terms of Use have been prepared in the English language and other languages. In the event of any inconsistency or different interpretation between the English text and the non-English text, the English text shall prevail and the relevant non-English text shall be deemed to be automatically amended to conform with and to make the relevant non-English text consistent with the relevant English text. Each party acknowledges that it has read these TikTok Shop Terms of Use and understands its content and that these TikTok Shop Terms of Use have been entered into freely and without duress.
For Indonesia only: You acknowledge that you fully understand the language and the content of these TikTok Shop Terms of Use, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these TikTok Shop Terms of Use.
TikTok and you expressly agree to waive and set aside our respective rights and obligations under any applicable law in the event of any termination of these Terms of Use to the extent that such law requires any judicial pronouncement for the termination of these TikTok Shop Terms of Use.
These TikTok Shop Terms of Use, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these TikTok Shop Terms of Use, including any question regarding existence, validity or termination of these TikTok Shop Terms of Use, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
II. Indonesia
For Indonesia only: If you are between 18 to 21 years of age, are not married or are under guardianship, by agreeing to these TikTok Shop Terms of Use, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for:
(i) all your actions in connection with your use of your Account;
(ii) any fees or charges associated with any of your Purchases or use of your Account (as applicable);
(iii) your compliance with these TikTok Shop Terms of Use; and
(iv) ensuring that any of your Purchases or use of your Account will not, in any event, result in any violation of applicable laws and regulations relating to child protections.
If you are between 18 to 21 years of age and you are not married, and you do not have consent from your parent(s) or legal guardian(s) and your parent(s), you must not use your Account for any Purchase.
III. Thailand and the Philippines
A. Customs and Tax Policy
Depending on the value of your order or the option of delivery service when the Products are being imported into Thailand and Philippines, additional costs related to the import of the Products into Thailand and Philippines may also be charged to you as the Buyer located in Thailand and Philippines and you may also be required to act as 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, customs duties, or other related taxes (if any) whether charged by TikTok or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize TikTok 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. 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. Buyers are responsible for complying with import requirements, if required, and will solely bear any costs incurred from obtaining such import requirements without reimbursement to the Merchant or TikTok.
TikTok will not act (and you will not designate us) as declarant, importer or exporter of record, or any equivalent role, or represent the Buyer or the Merchant, in respect of Products imported or exported to or from any jurisdiction. Subject to the laws and requirements of the jurisdiction of the Buyer and the jurisdiction from which the Products are shipped, you shall (as appropriate): (i) act in the capacity of importer yourself; (ii) empower the carrier to act on the Buyer’s behalf); or (iii) designate a willing and suitable authorised third party to act in such capacity.
Buyer agrees to indemnify and hold TikTok harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requriements.
For Thailand only: TikTok Shop is only for people 18 years old and over. By using TikTok Shop, you confirm that you are over the relevant age specified herein. If you are between 18 to 20 years of age, are not married or are under guardianship, you may use TikTok Shop only with the consent of a parent or a legal guardian. If you do not have consent from your parent(s) or legal guardian(s), you must immediately cease accessing TikTok Shop. If we learn that someone under the relevant age specified above is using TikTok Shop, the user will not be able to purchase the Products on TikTok Shop (e.g., the user may not be granted access to make a Purchase).
If you reach or are over the relevant age above, and have a valid account with TikTok Platform (“Account”), you can use such Account to purchase Products on TikTok Shop.
For Thailand only: In the event that the total Product price payable for an order is less than a certain threshold, you will be charged a small order fee (“Small Order Fee”) for small value orders. The threshold, rate and calculation of the Small Order Fee applicable to your purchase order will be shown on the Product detail page and/or the order summary page before you click to make a purchase (if any). Please check the Small Order Fee applicable to your order before you make a purchase.
Small Order Fee is inclusive of all taxes. If your order is subject to Small Order Fee, the payment of Small Order Fee will be collected through a third-party payment provider engaged by TikTok together with the payment of Product price.
If an order for which Small Order Fee has been paid is wholly refunded, Small Order Fee will be refunded to you together with the refunded Product price. If an order for which Small Order Fee has been paid is partially refunded, a proportion of Small Order Fee based on the ratio of the price of the refunded Product and the total Product price of the order will be refunded to you together with the refunded Product price.
IV. Malaysia
A. Customs and Tax Policy
When Sales and/or Service Tax ("SST") is chargeable on the supply, the price listed on the TikTok Shop will be inclusive of SST.
When the Products are being imported into Malaysia, you as the Buyer located in Malaysia may be required to act as 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 import taxes and customs duties, whether charged by TikTok or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize TikTok 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 taxes and customs duties on your behalf. Please note that import taxes, 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.
V. Vietnam
A. Customs and Tax Policy
Depending on the value of your order or the option of delivery service when the Products are being imported into Vietnam, additional costs related to the import of the Products into Vietnam may also be charged to you as the Buyer located in Vietnam and you may also be required to act as 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, customs duties, or other related taxes (if any) whether charged by TikTok or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize TikTok 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. 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. Buyer is responsible for complying with import requirements, if required, and will solely bear any costs incurred from obtaining such import requirements without reimbursement to the Merchant or TikTok.
TikTok will not act (and you will not designate us) as declarant, importer or exporter of record, or any equivalent role, or represent the Buyer or the Merchant, in respect of Products imported or exported to or from any jurisdiction. Subject to the laws and requirements of the jurisdiction of the Buyer and the jurisdiction from which the Products are shipped, you shall (as appropriate): (i) act in the capacity of importer yourself; (ii) empower the carrier to act on the Buyer’s behalf); or (iii) designate a willing and suitable authorised third party to act in such capacity.
Buyer agrees to indemnify and hold TikTok harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requirements.
In case of Returns, Replacements or Cancellations by Buyer, it should be noted that any payment of the above additional charges, fully or partially, that are not recoverable under the relevant laws may not be reimbursable to the Buyer, unless agreed otherwise with the Merchant. Also, an increase or decrease in the cost of or the time required for Returns, Replacements or Cancellations caused by Buyer will be to reimburse the Merchant for the actual, reasonable and substantiated costs incurred as a direct result of Returns, Replacements or Cancellations.
B. Responsibilities to provide documents related to the Purchase
Merchants are responsible to provide you with any receipt, invoices and documentation related to your Purchase, and the shipment in case Merchants ship the Products by themselves or use services of third party logistic service providers. If TikTok or our affiliates provide logistics services with respect to your Purchases, you may contact TikTok for receipt, invoices and documentation related to the shipment of the Products.
VI. Singapore
Customs and Tax Policy
When the Products are being imported into Singapore, you as the Buyer located in Singapore may be required to act as 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 import taxes and customs duties, whether charged by TikTok or the Merchant or payable on import. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize TikTok 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 taxes and customs duties on your behalf. Please note that import taxes, 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.
VII. UK
A. TikTok Shop Provider
You acknowledge that the relevant entity providing the Platform is TikTok Information Technologies UK Limited, which is registered in England with its registered office at 6th Floor, One London Wall, London, EC2Y 5EB, United Kingdom, and references to TikTok/Us/We/Our shall be construed accordingly.
B. How to Contact Us
You can reach us at: ecommerce@tiktok.com or write to us at TikTok Information Technologies UK Limited: One London Wall, 6th Floor, London, England, EC2Y 5EB
C. Payments
All items purchased on TikTok Shop must be paid for through the merchant acquirer engaged by the Merchant using a valid payment method.
The merchant acquirer is separate to us and you will be subject to their terms when making payments to Merchants. TikTok does not provide you with any payment services and is not responsible for your payments to Merchants.
When the Products are being imported into the UK, you as the Buyer located in the UK 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 Merchant 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 Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT 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.
E. Liability
Nothing in these TikTok Shop Terms of Use shall exclude or limit 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.
SECTION B: TIKTOK SHOP TERMS OF SALE
TikTok Shop allows buyers (“Buyers”) to purchase products (“Products”) from third party traders (“Merchants”). TikTok Shop operates as a third party marketplace for Merchants, and TikTok does not itself sell Products on TikTok Shop, nor is it party to any contract for the sale of Products to Buyers.
Set out below are the terms and conditions (“TikTok Shop Terms of Sale”) that govern the sale of Products by Merchants to you as a Buyer. Please read these TikTok Shop Terms of Sale carefully before placing an order for a Product from a Merchant on TikTok Shop.
Once you have a legally binding contract between you and the Merchant (as described in Clause 2 below), these TikTok Shop Terms of Sale (together with any Enhanced Terms, as described in Clause 3 below) will become a legally binding Sales Contract (as described in Clause 2.3 below) between You and the Merchant. The TikTok Shop Terms of Sale are an agreement between Merchants and Buyers; TikTok is not a party to the TikTok Shop Terms of Sale.
The Merchant that you will be purchasing a Product from via TikTok Shop will be identified on the ‘product detail page’ of the relevant Product (“Product Detail Page”). All references to “Merchant” in these TikTok Shop Terms of Sale mean the Merchant that you will be purchasing a Product from on TikTok Shop.
Any capitalised terms used but not defined in these TikTok Shop Terms of Sale are defined and have the meaning given to them in the TikTok Shop Terms of Use.
The Additional Jurisdiction-Specific Terms apply in addition to these TikTok Shop Terms of Sale where Buyers make a Product purchase (“Purchase”) depending on their usual residence (“Additional Terms”). In the event of any conflict between the Additional Terms and the rest of these TikTok Shop Terms of Sale, the Additional Terms shall prevail.
1 Products
1.1 Product information is provided by the relevant Merchant on the Product Detail Page. You should review the information of the Products which you intend to purchase before placing an order on TikTok Shop.
1.2 Merchants are responsible for making sure that any Product is fit for purpose and corresponds with the description it provides on the Product Detail Page, and they are responsible for complying with any refund, replacement or cancellation rights that you have under these TikTok Shop Terms of Sale (including any Enhanced Terms (as defined in Clause 3)).
2.1 You may place an order for a Product by clicking ‘Buy Now'. Your order will be subject to these TikTok Shop Terms of Sale (including any Enhanced Terms (as defined in Clause 3)).
2.2 If your order is successful, you will then receive an order acknowledgment message via TikTok Shop which contains details of your order.
2.4 You must comply with your obligations under these TikTok Shop Terms of Sale (including any Enhanced Terms).
3 Enhanced Terms
3.1 These TikTok Shop Terms of Sale set out your basic rights in respect of the purchase of a Product from a Merchant. The Merchant may, however, choose to offer certain improved rights of cancellation, return and refund (“Enhanced Terms”). Depending on their location, Merchants may also provide you with access to a free mediation scheme. Contact details of the relevant mediation organisation will be provided in the Enhanced Terms.
3.2 If a Merchant offers Enhanced Terms, these will be detailed on the Product Detail Page of the relevant Product and will be deemed to apply to the TikTok Shop Terms of Sale instead of the equivalent terms set out below.
3.3 In the event of any conflict between the Enhanced Terms and the rest of the Terms of Use and Sale (including these TikTok Shop Terms of Sale), the Enhanced Terms prevail provided such terms are an improvement to the rights provided in these TikTok Shop Terms of Sale.
4 Purchases
4.1 If you have a right to return a Purchase or a cancellation right according to the applicable laws in your country, your rights to such return or cancellation will not be affected by any Merchants' rules to the contrary.
4.2 The logistics for arranging a return of a Product and any associated fees will be as you agree with the Merchant.
4.3 If you are a Buyer located in the United Kingdom, please see the Additional Jurisdiction-Specific Terms for information on cancellation and problems with Products.
5 The Merchant’s Liability to You
5.1 If the Merchant fails to comply with these TikTok Shop Terms of Sale, it is responsible for loss or damage you suffer that is a foreseeable result of its breach, but it is not responsible for any loss or damage that is not foreseeable, except in cases of fraud or gross misconduct. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the TikTok Shop Terms of Sale was made, both the Merchant and you knew it might happen.
5.2 The Merchant is not permitted to exclude or limit in any way its liability to you where it would be unlawful to do so, including any mandatory provisions of local law.
6 Merchant’s right to cancel
6.1 The Merchant may cancel your order (and, if relevant, require the return of any Products provided to you and the Merchant will refund any amounts paid if):
● you do not comply with your obligations under these TikTok Shop Terms of Sale;
● you do not make any payment when it is due;
● the price listed was materially incorrect; or
● you do not, within a reasonable time of asking, provide the Merchant with information that is necessary for it to provide the Products (for example your delivery address),
or for any other valid reason.
7 Product Ownership and Changes to Products
7.1 A Product will be your responsibility from the time the Merchant delivers the Product to the address you gave the Merchant for delivery. You own a Product once the Merchant has received payment in full for it.
7.2 Although the Merchant makes every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
7.3 If the Merchant is making the Product to measurements or specifications you have given it, you are responsible for ensuring that these measurements and specifications are correct.
8 Purchase Price, Delivery Costs and Tax
8.1 The purchase price for a Product will be as set out on the Product Detail Page.
8.2 Merchants may offer one or more delivery options. The price for each delivery option will be as set out on the Product Detail Page.
8.3 All purchase prices and delivery costs are inclusive of VAT.
8.4 You will pay the purchase price and delivery costs of the Product through the payment provider engaged by the Merchant, using a valid payment method.
9 Delivery
9.1 The delivery time will vary depending on the delivery options offered by the Merchant, as set out on the Product Detail Page. Your order will be fulfilled by the delivery date set out in the order acknowledgement message.
9.2 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the Merchant is required to contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite its reasonable efforts, the Merchant is unable to contact you or re-arrange delivery or collection it may cancel your order.
10 Information About You and Your Privacy
Please note that Merchants are independent controllers of the data that they collect about your via TikTok Shop, and TikTok is not responsible for their compliance with applicable law.
11 Disputes Between you and the Merchant
11.1 You and each Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. TikTok may facilitate communications between Merchants and Buyers (or between Merchants/Buyers and relevant third parties), but TikTok is not a party to any such dispute and has no obligation to do so.
11.2 If you have a complaint relating to a Product, you should contact the Merchant. You may also use any alternative dispute resolution process offered by the Merchant.
12 Governing Law and Jurisdiction
These TikTok Shop Terms of Sale 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 it 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.
13 Miscellaneous Terms
13.1 Relationship Between the Parties: Nothing in these TikTok Shop Terms of Sale shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and the Merchant.
13.2 Third Party Rights: Unless expressly stated otherwise, these TikTok Shop Terms of Sale do not give rise to any rights to any third party rights, no other person shall have any rights to enforce any of the terms in these TikTok Shop Terms of Sale and neither you nor the Merchant will need to get the agreement of any other person in order to end the TikTok Shop Terms of Sale or make any changes to the TikTok Shop Terms of Sale.
13.3 Notice: The Merchant may provide notices to you under these TikTok Shop Terms of Sale within 60 days of you placing an order with the Merchant by sending you an in-app message. You may provide notices to Merchant under these TikTok Shop Terms of Sale by sending the Merchant an in-app message.
13.4 Events beyond the Merchant’s control: The Merchant will not be liable for any delay or failure to perform any of its obligations under these TikTok Shop Terms of Sale for reasons, events or other matters beyond its reasonable control.
13.5 Communication: You agree that contract related communication including invoicing may be made in electronic form.
13.6 Additional Jurisdiction Specific Terms:
The following terms apply to a Buyer located in the relevant jurisdiction ("Additional Terms"). Where applicable, Additional Terms prevail to the extent of any inconsistency with the rest of these TikTok Shop Terms of Sale.
(I) South East Asia (Indonesia, Malaysia, the Philippines, Singapore, Thailand and Vietnam)
A. Governing Law and Jurisdiction
These TikTok Shop Terms of Sale are governed by the law of the jurisdiction in which you are a resident, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with them or their subject matter or formation shall be resolved by the local courts in your jurisdiction.
(II) Thailand and the Philippines
A. Customs
You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize the Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT, customs duties and other related taxes (if any) on your behalf.
B. Indemnity
Buyer agrees to indemnify and hold the Merchant harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requirements.
C. Returns, Replacements and Cancellations
In case of returns, replacements or cancellations by Buyer, it should be noted that any payment of the above additional charges, fully or partially, that are not recoverable under the relevant laws may not be reimbursable to the Buyer, unless agreed otherwise with the Merchant. Also, an increase or decrease in the cost of or the time required for returns, replacements or cancellations caused by Buyer will be to reimburse the Merchant for the actual, reasonable and substantiated costs incurred as a direct result of returns, replacements or cancellations.
(III) Vietnam
Buyer agrees to indemnify and hold the Merchant harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requirements.
(IV) Malaysia
A. Customs
You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize the Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT, customs duties and other related taxes (if any) on your behalf.
B. Indemnity
Buyer agrees to indemnify and hold the Merchant harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable import requirements.
C. Returns, Replacements and Cancellations
In case of returns, replacements or cancellations by Buyer, it should be noted that any payment of the above additional charges, fully or partially, that are not recoverable under the relevant laws may not be reimbursable to the Buyer, unless agreed otherwise with the Merchant. Also, an increase or decrease in the cost of or the time required for returns, replacements or cancellations caused by Buyer will be to reimburse the Merchant for the actual, reasonable and substantiated costs incurred as a direct result of returns, replacements or cancellations.
D. Documentation
Merchants are responsible for providing with you with any receipt, invoices and documentation related to your Purchase, and the shipment in case Merchants ship the Products by themselves or use services of third party logistic service providers.
(V) United Kingdom
A. Your Cooling Off Period Withdrawal Right
A.1. Unless one of the exceptions in Clause 13.6(IV)A.2 of these TikTok Shop Terms of Sale applies, you have the right to cancel an order for a Product at any time within the “cooling off period”. The cooling off period runs from when you place the order for the Product until the end of 14 days after the day on which the Product was delivered to you or to a third party other than the carrier designated by you.
A.2. The above right of cancellation will not apply in respect of the following Products, subject to Clause 13.6(IV)B of these TikTok Shop Terms of Sale (Problems with Products):
● products such as cosmetics, earrings, personal health care products, baby products (e.g. bathing, diapering, feeding products, teethers), 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;
● products that are made to the buyer's specifications or clearly personalised; and
● products which may deteriorate or expire rapidly and therefore are not suitable for return.
A.3. In order to cancel an order for a Product under this Clause 13.6(IV)A, you must signify your decision to cancel before the expiry of the cooling off period by following the instructions on order summary page or the my order page. You may also use this form[OC1] . You will then have a right to return the Product and obtain a refund as set out below. The cancellation ends both your and the Merchant’s obligations to perform under the TikTok Shop Terms of Sale.
A.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 and will not have a right to return and refund as set out below.
A.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. Unless stated otherwise in the Enhanced Terms, it is your responsibility to pay for the delivery of returning the Products. Merchants may offer to collect Products from you, and if they do so this will be set out in the Enhanced Terms.
A.6. Once the Product is received from you, 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 Merchant). 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 Merchant 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 Merchant is only obliged to refund what you would have paid for the cheaper delivery option.
A.7. You must return the Product for which you have requested a refund (in compliance with these TikTok Shop 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.
A.8. All refunds due to you under this Clause 13.6(IV)A will be processed by 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 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.
A.9. 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 this foregoing, it may be deemed that the removal of tags, labels and/or packaging from the Product is handling that is more than necessary.
B.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.
B.2. Nothing in these TikTok Shop Terms of Sale limit or exclude the above rights that you have under law. You should follow the instructions on TikTok Shop if you wish to exercise such rights.
B.3. If you wish to exercise your legal rights to reject a Product you must return them to the Merchant. The Merchant is responsible for paying the costs of postage or collection. To arrange this, you will need to follow the instructions on TikTok Shop.
C. Customs
You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize the Merchant (as applicable) to appoint a customs agent to act in your name as direct representative in connection with the import of the goods and to pay any import VAT, customs duties and other related taxes (if any) on your behalf.
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 Merchant 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.
D. Liability
Nothing in these TikTok Shop Terms of Sale limits the Merchant's liability for death or personal injury caused by the Merchant or the Merchant’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Products.
[OC1]Insert link to model cancellation form (which is in a separate document)