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TERMS & CONDITIONS

SECOO User Registration Agreement

 

This Agreement is the deed to be entered into between you and the owner (hereinafter referred to as “Secoo”) of Secoo platform (“this Website”) with respect to the sale of commodities and services in Secoo platform and the other relevant matters. Please read this registration agreement carefully. When you choose to register as a member of Secoo, or choose to purchase any commodity or service on this Website or use any service on this Website, this Agreement will constitute the binding legal document between both parties.

 

Article 1 Confirmation And Acceptance Of The Service Terms Of This Website

 

1.1 If you are below 18 years old, you can only use this Website under the supervision by your parents or guardian.

1.2 User clicks to agree this Agreement, which shall be deemed as such user confirms that it has the corresponding capacity of right and conduct to receive the service of this Website and place an order to purchase, and it is able to undertake legal responsibility independently.

1.3 The title and operation right of all the electronic services on this Website shall belong to Secoo. The user agrees with all the terms of this registration agreement and completes the registration procedure to become the official user of this Website. The user confirms that the terms of this Agreement are always effective and govern the rights and obligations of the parties, provided, however, that the provisions shall apply unless otherwise mandatory stipulated by the law or agreed by the parties.

 

Article 2 Services Of This Website

 

2.1 Secoo provides through internet every kind of commodity and service to user in accordance with the law. Users are only entitled to use the relevant services of this Website subject to the users fully agree with this Agreement and the provisions of this Website.

2.2 The user must prepare at its own cost the below devices and undertake the below expenses: (1) Internet access devices, including but not limited to computers or other internet terminals, modems and other necessary internet access devices; (2) Internet surfing expenses, including but not limited to internet access expense, internet device rental fees, mobile phone traffic fees and so forth.

 

Article 3 User Information

 

3.1 User shall submit in good faith registration materials to the Website. User agrees that its submitted registration materials are true, accurate, complete and valid. User shall promptly update its registration materials if there is any change. If the registration materials submitted by the user are not valid, true, accurate or complete, such user shall undertake the relevant liability and consequences incurred thereby, and Secoo reserves the right to terminate such user to use all kinds of service of Secoo.

3.2 While user is conducting the activities of browsing and placing purchase orders to purchase on this Website, the Website will keep confidence of user’s privacy information involving the user’s true name, correspondence address, telephone and email. Unless obtain the authorization from the user or otherwise stipulated by the law, the Website will not disclose user’s privacy information to the public.

3.3 Information we may share

Without your consent, we and our affiliates will not share your personal information with any third party, except the following circumstances: For the below purposes, we and our affiliates may share your personal information with our affiliates, cooperation partners, third-party service providers, contractors and agents (such as the communication service providers who send emails or push notices on behalf of us, and map service providers who provide location data for us) (all of them may not be located within your jurisdiction):

(1) Provide our service for you;

(2) Perform our obligations and exercise our rights in the / or the relevant privacy provisions;

(3) Understand, maintain and improve our service;

(4) Analyze users in terms of how they use our service or the consumption habit of users.

If we or our affiliates share your personal information with any above third parties, we will make our efforts to ensure these third parties comply with the privacy policy and other appropriate confidentiality and security measures that we require them to comply with when using your personal information.

With the continuous development of our business, we and our affiliates may engage in mergers, acquisitions, assignments of assets or similar transactions. Your personal information may be transferred as a part of such transactions, provided, however, that we will inform you before such transfer.

We or our affiliates may also retain, preserve or disclose your personal information for the below needs:

(1) Comply with the applicable laws and regulations;

(2) Comply with the court order or the provision of other legal procedure;

(3) Comply with the requirements of the relevant government authority;

(4) In order to comply with the applicable laws and regulations, maintain the social public interests, or protect the personal or property safety of our customers, us or our group company, other users or employee, or the reasonable and necessary use for lawful interests.

3.4 After successful registration by user, the user name and password and other account information will be generated. You may change your password according to the provisions of this Website. User shall carefully and reasonably preserve and use your user name or password. If user finds any illegal use of user name or existence of security flaw, please inform this Website and report to the public security agency.

3.5 User agrees that Secoo is entitled to send the purchase order details, sales promotion activities and other notification information to the users registered on this Website, shopping users and consignees through email, text message, telephone and other formats.

3.6 User shall not lend its own account obtained from this Website to any others for use, otherwise such user shall undertake all the responsibilities incurred thereby, and undertake the joint and several liabilities with the actual user.

3.7 User agrees that Secoo has the right to use the user's registration information, user name, password and other information to log into the user's registered account for evidence preservation, including but not limited to notary, witness, etc.

 

Article 4 Obligations Of User To Speak And Act According To Law

 

This Agreement is formulated in accordance with the relevant national laws and regulations, and the user agrees to strictly comply with the following obligations:

(1)Shall not use this Website to engage money laundering, theft of trade secrets, theft of personal information and other criminal activities;

(2)Shall not interfere with the normal operation of this Website, or invade this Website and the national computer information system;

(3)Shall not transmit or post information on any criminal offense, harassment, slander, abusive, intimidating, harmful, vulgar, obscene, and uncivilized;

(4)Shall not transmit or post information or speech damaging the public interests of the society and security;

(5)Shall not abet others to engage in any act prohibited by this provision;

(6)Shall not use the account registered in this Website for profit-making business activities, except as a supplier of the relevant commodities to supply commodity to Secco and log in the backstage to check sales status of the commodity;

(7)Shall not post any content of infringement on the copyrights, trademarks and other intellectual property rights or lawful rights;

Users shall pay attention to and comply with all kinds of lawful rules and regulations promulgated or modified from time to time on this Website.

This Website reserves the right to delete all kinds of content violating the legal policies or untrue without informing the user.

If user fails to comply with the above provisions, this Website has the right to make decision at its sole discretion and take measures to suspend or close the user’s account. User shall undertake legal liability for its statements and actions on this Website.

 

Article 5 Commodity Information

 

The price, quantity, in stock or not, and other information of the physical goods and services may be subject to change at any time, this Website will not otherwise make special notices. For expression convenience, commodity and service on this Website shall be referred to as “Commodity” for short.

Due to extremely large amount of Commodity information on the Website, although the Website will do its utmost to ensure the accuracy of the Commodity information you browse, due to existence of well-known internet technology factors and other objective factors, the information displayed on the Website may have certain hysteresis or error, you know and understand this situation; Secoo welcomes error correction, and render you certain reward depending on the correction circumstances.

 

Article 6 Purchase Order

 

6.1 While you place a purchase order, please carefully confirm name, price, quantity, type, specification, size, contact information, telephone, consignee and other information of the Commodity to be purchased. If the consignee and the user are inconsistent, the consignee's behavior and manifestation of intention will be deemed as the user's behavior and manifestation of intention, and the user shall undertake the joint and several liabilities for the legal consequences of the consignee's behavior and manifestation of intention.

6.2 Secoo, user and any other party confirm as follows: the Commodity, price and other information displayed on this Website by the seller is only an invitation to make an offer. While you place a purchase order, please fill in the quantity, price and payment method, consignee, contact information, delivery address (where the contract is performed) of the Commodity you want to purchase, the performance method of the contract and other contents. The system-generated order information is automatically generated by the computer information system based on what you fill out, which is only the contract offer you sent to Secoo. Upon receipt your purchase order information by Secoo, only while Secoo actually and directly ship (the Commodity out of the warehouse as a mark) the Commodity ordered by you in purchase order from the warehouse to you, or while Secoo finally confirms to you the services purchased by you, it is deemed that the contractual relationship between you and Secoo are made for the Commodities actually and directly shipped to you. If you order multiple Commodities in a purchase order and Secoo shipped you only a portion of the Commodities, then you and Secoo established a contractual relationship only for the Commodities actually and directly shipped to you. Only while Secoo actually and directly ship you other Commodities ordered in the purchase order, then you and Secoo will establish a contractual relationship for the other Commodities actually and directly shipped to you. You may always log in your registered account on the Website and check your purchase order status.

6.3 Due to the market changes and various factors that are difficult to control with reasonable commercial efforts, the Website is not able to guarantee that the Commodities you want to purchase in the submitted purchase order will be available. If the Commodities you want to purchase are unavailable, you have the right to cancel the purchase order.

 

Article 7 Payment And Delivery

 

7.1 Secoo or the supplier recognized by Secoo will be responsible for transporting the Commodities to your designated delivery address, or delivering the services to you according to the promised method, all the delivery time for the Commodities on the Website is for the purpose of reference, and the estimated delivery time is calculated based on stock availability, normal handling processes and procedures and the delivery location.

7.2 Secoo shall not be liable for the late delivery if the delay or unable delivery is caused by the following circumstances:

(1)Caused by the wrong information provided by user, the undetailed address and other reasons;

(2)The unable or late delivery is caused by no receipt upon delivery;

(3)Caused by change of circumstances ;

(4)Caused by Force Majeure, such as natural disaster, blockage, embargo, sudden war, etc.

7.3 The logistic delivery time for some Commodities on the Website will be a little longer than domestic Commodities because such Commodities are located outside the Mainland China. If you have any query, you may contact the service personnel of the Website at any time.

7.4 The consignee may be the user or any other person designated by the user. Secoo will deliver according to the delivery address, name and telephone of consignee specified on the approved purchase order. If the consignee requests to change the delivery address during the course of delivery, Secoo will deem that the user has agreed such change. In principle, the consignee shall receive personally. In case of special circumstances, the consignee can contact with Secoo customer service center to apply for receipt by others on behalf of the consignee. If the delivery place is an office area, then the receptionist’s reception on behalf of the consignee shall be deemed as consent by the user. If the delivery place is a residential area equipped with a property management company or institution, then the reception by the staff of such property (including the security guard of the house estate) shall be deemed as consent by the user. While delivering the Commodity with a large amount, Secoo is entitled to request the consignee to show its valid identification card. If the user rejects the Commodities several times without justifiable reasons, Secoo has the right to cancel the user's future purchase orders. In case of serious situation, Secoo reserves the right to freeze, close the account and permanently prohibit registration, and reserves the right to claim compensation.

7.5 Payment and refund. The payment terms will be published on the Secoo Website. User shall choose the payment term while making the purchase order confirmation, and strictly comply with the selected payment term. If user fails to complete payment according to the selected payment term or within the requested time, Secoo is entitled to cancel unilaterally the purchase order. The cash funds incurred during the period of returning or exchanging the Commodities that are out of stock will be refunded in varying modes based on the payment terms, and the terms published on the Secoo website shall prevail.

 

Article 8 Services On The Platform

 

8.1 Platform Service. The Commodities on the Secoo Website are mainly and directly sold by Secoo in its own name to you and the logistics, after-sales and related responsibilities will be undertaken by Secoo; however, some of the Commodities and services will be provided directly by a third party due to their own particularity or otherwise agreement between the Secoo and its supplier, and Secoo as a platform only provides an intermediary service.

8.2 Concerning the purchase order generated under the platform service, the relevant Commodities will be delivered to you directly by supplier, or the relevant services will be rendered to you at the specific location, and the supplier is directly responsible for the description of the Commodities in the details page and the quality of Commodities. Secoo will require strictly the supplier to provide Commodities or services to you at the fastest speed or at the designated time allowed when the purchase order is submitted, meanwhile Secoo will try its best to provide assistance for you to ensure your rights and interests are realized.

 

Article 9 Title And Intellectual Property Rights

 

9.1 Once user agrees this Agreement, which means that users voluntarily, fully, irrevocably and exclusively transfer the property right and other transferable rights of any form of information content (including but not limited to customer evaluation, customer consultation and various kinds of topic articles and other information content) published on this Website at any time, such as property right of copyrights (including but not limited to: reproduction rights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcast rights, information network transmission rights, filming rights, adaption rights, translation rights, compilation rights and other transferrable rights that should be entitled by the copyright owner), to Secoo, and user agrees that Secoo is entitled to initiate independently the proceedings against any infringement entity.

9.2 User agrees and has fully understood the terms of this Agreement, and promises not to publish or authorize any other entity to use in any way (including but not limited to use on all kinds of websites and media) the information published on this Website.

9.3 Secoo is the maker of this Website, and has the copyrights and other lawful rights of Website contents and resources, which is protected by the national laws. Secoo is entitled to modify this Agreement and the contents of this Website and post such modification on this Website from time to time, without making notification to the users. To the maximum extent permitted by law, Secoo has the right to construe this Agreement and the contents of this Website.

9.4 Unless otherwise mandatory required by law, no entity or individual may in any way illegally, fully or partially, copy, reload, quote, link, crawl or otherwise use the information content of this Website without the express written permission by Secoo, otherwise Secoo has the right to claim the legal liability against such entity or individual.

9.5 Information posted on this Website (such as text, graphics, logos, button icons, images, sound chips, digital downloads, date editing and software) are the property of Secoo or its content provider, which is protected by Chinese copyright law and international copyright law. The compilation of all contents on this Website is the exclusive property of Secoo, which is protected by Chinese copyright law and international copyright law. All the software on this Website is the property of Secoo or its affiliates or its software supplier, which is protected by Chinese copyright law and international copyright law.

 

Article 10 Liability Limitation And Disclaimer Of Warranties

 

Unless otherwise expressly specified in writing, this Website and all the information, content, materials, products (including software) and services contained on this Website or otherwise provided to you through this Website are provided in “as is” and “as available”.

If the online transaction fails to complete or the relevant information or records are lost resulted from breakdown or failure to normal use of the sales system of this Website due to force majeure or other reasons beyond the control of the Website, Secoo will make every reasonable effort to help deal with the aftermath.

 

Article 11 Agreement Update And Obligation Of User To Pay Attention

 

Secoo has the right to modify the provisions of this Agreement from time to time according to the changes of national laws and regulations and the needs of Website operation. The modified Agreement shall come into force upon it is posted on the Website, and it will replace the prior Agreement. User may log into this Website to refer to the latest Agreement at any time, and user is obliged to pay attention to and read the latest Agreement and bulletin on the Website from time to time. If the user does not agree with the updated Agreement, the user shall immediately stop accepting the services provided by Secoo Website according to this Agreement. If the user continues to use the services provided by this Website, it shall be deemed that such user agrees with the updated Agreement. Secoo recommends that you read this Agreement and the bulletin on this Website before using this Website. If any provision hereof is declared abolished or invalid, or for any reason unenforceable, such provision shall be deemed to be separated and does not affect the validity and enforceability of any other remaining provisions.

 

Article 12 Miscellaneous

 

12.1 The owner of Secoo Website refers to the business entity of Secoo Website which is licensed or recorded by the government department in accordance with laws.

12.2 Secoo respects the legitimate rights of users and consumers. This Agreement and all the rules, declarations and other contents published on this Website are all for providing better and more convenient services for users and consumers. This Website welcomes the opinions and suggestions from the users and others. Secoo will accept and modify this Agreement and the various rules on the Website in a timely manner.

12.3 User shall focus on reading the contents of this agreement marked in bold, thickening, underline and italic type.

12.4 If you choose to register as a member of Secoo, it is deemed that you fully accept this Agreement. Before clicking it, please reconfirm that you are aware of and fully understand all the contents of this Agreement.

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