1. Acceptance of Terms
“Buyer” means any person that purchases any Item on Tartez.com with or without payment.
“Distribution Allowance” means a charge for handling Items processed via THECONTENT’s Distribution Centre.
“Distribution Centre” or “DC means the distribution centre of THECONTENT.
“THECONTENT” or “we” or “us” or “our” means 容藝(亞洲)有限公司THE CONTENT (ASIA) COMPANY LIMITED.
“Tartez.com” or “Website” means the website which is currently at www.Tartez.com and any successor or related site or mobile application designated by THECONTENT.
“Item” means any goods, products or services offered or sold to Buyer by Merchant.
“JIT” means just-in-time delivery, which is the Merchant deliver the Items to DC upon receiving an order request by THECONTENT within a required delivery window.
“List” means lists of content which describe Merchant’s Items or eShop and published on Tartez.com.
“Logistic Surcharge” means charge for handling goods returns attributed to the fault of the Merchant.
“Member” means a user with a valid member account issued by Tartez.com or the one who is allowed to buy on Tartez.com.
“Net Cost” means retail price less commission to THECONTENT.
“Pay on Delivery” means Buyer make payment upon receipt of Item.
“Payment Gateway” means third party’s payment system used for collecting transaction fee from Buyer.
“Payment Surcharge” means a charge for handling refunds attributed to the fault of the Merchant.
“User” or “you” means any person that directly or indirectly access, browse or use Tartez.com, regardless of whether he is registered as a Member. For the avoidance of doubt and without prejudice to the generality of the foregoing, User shall include any Buyer or Merchant.
“Merchant” means any person or legal entity that offers any Item for sale in Tartez.com.
“Merchant Service Agreement” means an agreement titled “Tartez.com Merchant Service Agreement” made between a Merchant and THECONTENT.
words and expressions importing the singular include the plural and vice versa; and
words and expressions importing one gender include both genders and the neuter, and references to persons include natural persons, bodies corporate or unincorporated, sole proprietorships, partnerships, associations, enterprises, branches and all other forms of organizations and entities.
3. About Tartez.com
Tartez.com provides a virtual platform for Merchant and Buyer to complete transactions for sale and purchase of Items and communicate with other Members about the Items and eShop on the Website. The contract formed at the conclusion of the transaction is solely between the Merchant and the Buyer. Tartez.com shall be used for display and sale of the Items.
THECONTENT reserves the rights to refuse access to or use (including, but not limited to, the suspension of access to or use) of Tartez.com to anyone, at any time, and at its sole and absolute discretion.
While using Tartez.com, you will abide by all the terms and conditions herein. In particular (but without limiting the other terms and conditions), you will not:
post, list or upload content or Item in an inappropriate area;
sell any counterfeit Item or otherwise infringe the intellectual property rights or other rights of other person;
as a Buyer, fail to make payment for Item that you purchase;
as a Merchant, fail to deliver Item to us, unless the Buyer fails to meet the posted terms;
interfere with other User’s listings;
circumvent or otherwise avoid the fees and charges payable to THECONTENT;
post any false, inaccurate, misleading, libelous content;
post any obscene or indecent material or any material that could constitute or encourage conduct that would be considered a criminal offence, civil liability, or violation of any law;
represent or hold out to be in any way related to or associated with THECONTENT or attempt to cause others to falsely assume the identity of the sender or the source of message or information;
take any action that may undermine the feedback or feedback rating system (such as displaying, importing or exporting feedback information to sites other than Tartez.com or using it for purposes that are unrelated to Tartez.com);
transfer, lend, lease, trade or otherwise part with your User account (including feedback) to another person;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses (or through other technologies) that may harm Tartez.com or the interests of other Users;
add or modify the content of Tartez.com without our permission;
infringes the intellectual property rights, including, but not limited to, the copyrights and trademarks that belongs to THECONTENT;
collect personal information about other Users, including email addresses, personal contact details etc. without their consent;
interfere or attempt to interfere with the proper operation of THECONTENTTartez.com or bypass any measures used to prevent or restrict access to any portion of the Tartez.com;
conduct any illegal activities;
impose an unreasonable or disproportionately large load on the infrastructure of Tartez.com or any of the systems or networks comprising or connected to Tartez.com;
distribute all or any part of the content of Tartez.com;
use, reproduce, record, retransmit, sell, distribute, post, perform, publish or rent any of the content of Tartez.com without our written permission; or
engage in any activities that are not related to the activities set out in Clause 3.1.
4. Eligibility and Membership
Users should ensure that they can lawfully enter into and form contracts under the law. If you are registering with Tartez.com as a business entity, you represent that you have the authority to legally bind that entity.
Any User, with or without a Member account may browse and search on Tartez.com, except in the areas of Tartez.com with restricted access for specific types of Members. If you want to use the selling services on Tartez.com, you must have a valid Merchant account of Tartez.com.
In order to use the selling services on Tartez.com, you need to have (i) applied and approved by THECONTENT to be a Tartez.com Merchant and (iii) a valid and subsisting Merchant Service Agreement with THECONTENT.
In becoming a Member of Tartez.com, you must provide complete and accurate personal information during account registration and also have a valid email account.
You are responsible for any actions taken through your membership.
Browsing Tartez.com is free. We charge the Merchant and the details of the fees and charges are set out in the Merchant Service Agreement.
Tartez.com may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. THECONTENT has the right, but not the obligation, to monitor any activity and content in Tartez.com. THECONTENT may take such action as it may deem appropriate, including, without limitation, issuing warnings, suspension or termination of service, denying access, removal of any content, screen or edit any content and/or to report to law enforcement or other appropriate officials, regulators or third parties. THECONTENT reserves the right to disclose any information it considers necessary or appropriate, including but not limited to User contact details, IP addresses, traffic information, usage, history and posted content.
7. Account Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to notify us immediately of any unauthorized use of your password or any breach of security.
8. Third-Party Links
9. Unsolicited Idea Submissions
We will consider any ideas, comments, suggestions, posting of contents or Item descriptions (“Submissions”) that we receive to be non-confidential and non-proprietary. We may use or redistribute the contents for any purpose and shall be entitled to unrestricted use of the Submissions without any compensation to the person or entity that make the Submission(s).
10. System Integrity
You acknowledge that we take no responsibility for any system unavailability or for any loss that is incurred as a result of Tartez.com being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.
11. Intellectual property rights
All rights in connection with Tartez.com are expressly reserved. You may not, without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of Tartez.com, or commercialize, copy or on-sell any information or Items obtained from any part of Tartez.com that comprise intellectual property of THECONTENT.
11.2. We are not responsible for third party contents or claims on copyrights, trademarks and/or licences. Content on Tartez.com may be provided by third parties, either as a result of submission by Users or by selection by us. Any opinions, advice, statements, descriptions, services, offers, information or other content expressed or made by third parties on or through Tartez.com are solely those of the respective authors or distributors and neither we nor our affiliates shall be liable for the contents therein.
We shall not be liable for any damages resulting from any infringement of copyrights, trademarks or other proprietary rights in any third party content. Unless required by law, we shall have sole discretion regarding the removal of the allegedly infringing materials from Tartez.com. If we exercise our discretion to remove the allegedly infringing materials from Tartez.com we may restore your materials or account privileges upon written notification from the complaining party, together with sufficient evidence, that the dispute has been resolved. What constitutes sufficient evidence of the resolution of such a dispute is to be determined by THECONTENT at our sole discretion. For the avoidance of doubt, THECONTENT shall not be liable for any damages and/or inconvenience however caused by the removal of materials from Tartez.com.
12. Electronic Communications
We may communicate with you by e-mail notices on Tartez.com. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.
13. Licence and Site Access
14. Reviews, Comments, Communications, Ratings and other Content
15. Reservation of Rights
THECONTENT reserves the right to determine the content, appearance, design, functionality and other aspects of Tartez.com and the services provided on it, including the right to re-design, modify, remove and/or alter the content, appearance, design, functionality and other aspects of Tartez.com and its services and any element, aspect, portion or feature thereof from time to time. THECONTENT may delay or suspend the List of, or refuse to List, or to de-List, any or all Items in its sole discretion.
We receive and store any information you enter on our Website or give us in any other way. You can choose not to provide certain information, but then you understand that you may not be able to use some of our features or services.
We may use your personal information to send you electronic newsletters and/or promotional communications. If you no longer wish to receive such newsletters and/or communications, you may opt out of receiving them by following the instructions included in each newsletter or communication.
We will use your personal information to send you Tartez.com service-related communications through electronics communications channels. By accepting to the terms here, you agree to receive such communications and once the communications are successfully sent out by us, it is deemed to have been duly received by you
Your registration details (which we will require you to provide to access certain services on Tartez.com), including, without limitation, your full name, identification details, gender, birthday, email address, phone number, IP address and domain name;
Information relating to your use of Tartez.com and the content you access.
You agree that we may use or disclose the information referred to in Clause 16.2 for the following purposes: -
You agree that we may use or disclose the information referred to in Clause 16.2 for the following purposes: -
identification and authentication;
marketing purposes (including research, reporting and statistical and data analysis and for the promotion and marketing of other THECONTENT products and services);
purposes which are related to your use of Tartez.com;
statistical and data analysis;
protection of the rights, property and/or safety of THECONTENT, Users, or others; or
any other purpose(s) for which you have authorized.
Under general circumstances, THECONTENT will not sell, trade or disclose any information or personal data you provided to us to any third party without your prior consent or notice to you.
Under special circumstances, THECONTENT shall have the right to disclose or release your personal data to any third party without your prior consent or notice to you. The said special circumstances include the protection of the rights, interests, copyright and intellectual property rights of THECONTENT and its users, and the investigation or inquiry of illegal activities and any procedures required by law and the protection of the personal safety of the users and general public, etc.
When purchasing or obtaining any products or services introduced or referred to by Tartez.com, any online payments made does not take place on our Website. Tartez.com relies on the services of third party’s online payment business partner who is responsible for the handling, safety and privacy of the details of credit cards, debit cards and smart cards and their safe transmission and security issues.
17. Rules for Merchant
In order to sell in Tartez.com, you will need to have:-
(i) applied and approved by THECONTENT to be a Tartez.com Merchant; and
(ii) a valid and subsisting Merchant Service Agreement signed between the Merchant and THECONTENT.
You will only enter listings for sale of Item categories stated in the Merchant Service Agreement.
You will only provide/enter description of eShop or Items that are accurate, current, complete, and include all relevant information about the terms of sale and payment terms. You will only provide/enter description for Items that exist and are to be sold. You will not list Items that you are not legally entitled to sell.
The Merchant is allowed to show links of its official site, or links describing Items (third-party site) in Tartez.com on condition that no transaction or trade will take place outside of Tartez.com directly through these links.
You shall avoid an infringement of intellectual property rights of the descriptive texts, editorial and images related to your Items listed on our Website.
The content of your eShop and Items is subject to review by us. We reserve the right to edit and remove any listing at our sole discretion.
Different types of restrictions in relation to the listing of Items for sale may be imposed from time to time. Such restrictions may include but are not limited to: (i) category and product restrictions; and/or (ii) licence restrictions and geographical restrictions.
By selling on Tartez.com, you warrant that any Items sold to Users are neither illegal nor unlawful parallel-imports into the jurisdiction where the Users ordered the Item.
It is a Merchant’s responsibility to ensure that it has sufficient stock and delivery capability to meet the requirements as set out in the Merchant Service Agreement.
Product Quality and Services
The Merchant guarantees its Items are authentic and quality.
The Merchant guarantees to answer customer’s enquiries in relation to knowledge of its products.
The Merchant guarantees to provide reasonable after sales services for Buyers.
Transaction between the Merchant and Buyer only
You agree and understand that each transaction is made by and between a Merchant and a Buyer only; and THECONTENT shall not be considered as a party to the transaction.
At present, there are 3 types of logistic modes available for selection by the Merchant. These modes are subject to change by THECONTENT without notice. These logistic modes are as follows: (i) Storage in DC: the Merchant’s Items for sale shall have storage in DC. THECONTENT shall deliver Items from DC to the Buyer upon receipt of order. (ii) JIT: THECONTENT informs Merchant of the details of sold Item(s) upon receipt of new order from Buyer by cut off time daily and Merchant shall deliver the corresponding Item(s) to DC within delivery window as set out in the Merchant Service Agreement. (iii) Direct Delivery: THECONTENT informs Merchant of the details of sold Item(s), recipient address and information provided by Buyer upon receipt of new order from Buyer by cut off time and Merchant shall deliver the corresponding Item(s) to the recipient address within delivery window as set out in the Merchant Service Agreement.
Merchant shall comply with the delivery requirements as set out in Merchant Service Agreement, including but not limited to the requirement of delivery window, package size and weight limitation.
Returns and Refunds
You agree to accept and process returns and refunds in accordance with the follows: -
The goods returns or replacement requests from Buyers may vary in different cases. In the event that the case is believed to be attributed to the fault of THECONTENT or the Merchant, Buyers shall have the right to return the goods to the Merchants or request the Merchants to replace the goods with another new;
Buyer shall send returns or replacement request to Tartez.com’s customer service channels and return to the goods to Tartez.com upon receipt of Tartez.com’s approval;
Tartez.com shall refund to the Buyer in the event that the refund case is caused by the fault of Tartez.com or the Merchant, or the case is raised within a cooling period allowed by Tartez.com. The cases may include, but are not limited to: (a) Order paid but cancelled before cut off time of the same day of the order placed; (b) Items paid but not received or received after a promised time; (c) Items paid and delivered are not in a proper state or not in the state as described on Tartez.com; and (d) Buyer has reasonable ground to suspect that the Item ordered and paid is a pirate Item or false Item;
The Merchant shall pay THECONTENT the relevant Distribution Allowance, Logistic Surcharge and Payment Surcharge as stipulated in the Merchant Service Agreement in the event that the goods returns or refund case is solely attributed to the fault of the Merchant.
In any occasions, the Merchant shall bear the administration cost incurred by its side involved in the process of refunds, goods returns and replacement.
Upon acceptance of the goods received from the Merchant by THECONTENT through the Distribution Centre of THECONTENT, THECONTENT accepts that the goods are in a good state only by visual check over the outer packing. THECONTENT shall only be liable to the returns or refund arising from problem which could be visually checked over the outer packing. For the returns and refund caused by the other problems of the Merchant’s products, including but not limited to, the problem found in the areas which could not be visually checked over the outer packing, or the malfunction of the products, or the wrong production information provided by the Merchants on the eShop, the liabilities belong to the Merchant.
Avoiding Tartez.com Fees
You agree not to circumvent or otherwise avoid payment of our Fees. This will include, but is not limited to, any attempt to circumvent or avoid payment of our Fees by redirecting User to link(s) outside of Tartez.com by providing link(s) in your Item detailed pages that refer to or promote sales outside of Tartez.com.
Merchants shall comply with all applicable laws in relation to the payment of tax. Merchants are solely responsible for paying any/all taxes associated with fees payable in relation to the use of Tartez.com or any other tax liabilities incurred through the use of Tartez.com.
18. Rules for Buyer
Becoming a Buyer - account registration or provide personal information
In order to use the buying services on Tartez.com, you need to be above the age of 18 and have a valid Tartez.com Member account or with record your personal information including, name, contact number and email to us.
By confirming an order you have entered into a binding contract with the Merchant to purchase the Item. You agree and understand that each transaction is made by and between a Merchant and a Buyer only; and THECONTENT shall not be considered as a party to the transaction. Some order status or messages may be delivered directly to your registered email account, therefore please make sure that the account is valid before purchase.
Once an order is confirmed, you shall pay through the online payment method provided at once, or Pay On Delivery at our designated pick up locations. The payment methods we provided may be changed from time to time.
Any online payment made will be made through third-party online payment service providers. It is that service provider (ie. not THECONTENT) that is responsible for the safety and privacy of user’s payment details. The processing of online payment(s) is solely the responsibility of the online payment service provider and is subject to the terms and conditions of that company. We accept no responsibility for any loss or damages which may arise as a result of the making of a payment through these online service providers. You should ensure that you have read and agree to any such terms and conditions before providing your payment details through the online payment service provider.
Rules about Buying
All Items offered, introduced or mentioned in Tartez.com by third parties (including, without limitation, advertisements) are not offered or provided by us. We take no liability whatsoever regarding the accuracy or reliability of any of the information contained therein.
Since any contract for the purchase of Items will be between you and the Merchant, you are strongly encouraged to make your own investigations if you feel that it is necessary or appropriate to do so before proceeding with any transaction. We make no representations or warranties, express or implied, with respect to availability, merchantability, fitness for purpose or any implied warranties relating to the Items listed on Tartez.com.
We shall not be liable to you for and in respect of any loss or damage in connection with any online or offline payment made by you including (without limitation) any loss and/or damage by reason of (a) any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways, (b) any error in or omission from any information or message transmitted by the said payment gateways, (c) any breakdown, malfunction or failure of those gateways, or (d) anything arising out of or in connection with them.
You must consider your purchase through Tartez.com carefully. A confirmed order is a legally binding contract between the Merchant and the Buyer. Moreover, additional fees may be applied when an order is cancelled.
You consent that your personal data may be disclosed to the Merchant or other third parties for the purpose of effectuating the transactions through Tartez.com and delivering the Items.
We do not sell Items for purchase by anyone known to be under the age of 18. We sell children's products, wine and Items by adults.
19. No Warranties
Tartez.com and its services are provided on an “as is” basis. THECONTENT makes no other representations or warranties of any kind, express or implied, including without limitation the following:
warranties of merchantability, fitness for purpose, title and non-infringement in respect of the Items sold on Tartez.com;
that Tartez.com or its services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
that the information, content or materials included on the site will be as represented by Merchants, available for sale, lawfully able to be sold or that the Merchants or Buyers will perform their obligations;
any implied warranty arising from course of dealing or usage of trade;
any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of THECONTENT; and
to the full extent permissible under the applicable law, THECONTENT disclaims any and all such warranties.
If you have a dispute with one or more Users or any third party in relation to your use of Tartez.com, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. We encourage you to exercise caution and use common sense and practice safe buying and selling when using Tartez.com.
As THECONTENT is not the agent of either Seller or Buyer for any purpose, THECONTENT will not act as either party’s agent in resolving any disputes between them arising out of or in connection with any transaction. THECONTENT urges Merchants and Buyers to cooperate with each other to resolve such disputes.
21. Indemnity and Defence
You agree to indemnify and hold THECONTENT (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) harmless from and against any and all claims, cost, losses, damages, judgments, penalties, interest and expenses (including legal fees) arising out of any claim (being any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or an entity) that relates or arises out of your use of Tartez.com.
22. Limitation of Liability
23. Refuse access or use of Tartez.com
THECONTENT, in its sole discretion, may refuse service to any one for any reason. THECONTENT may refuse access to or use of Tartez.com by any person.
24. No Agency
26. No Waiver
27. Site Monitoring and Policy Enforcement
You acknowledge and agree that if you decide to browse or use the services provided on Tartez.com, you do so entirely at your own risk. In no event shall THECONTENT (including its directors, officers, employees, parent companies, subsidiaries, affiliates or agents) be liable for any loss or damage, direct or indirect, general or special, compensatory, consequential, incidental, arising from or in connection with or otherwise associated with your browsing or use of Tartez.com.
We take no responsibility for any of the Items offered or provided on Tartez.com. We have no control over the quality, fitness, safety, reliability, legality or any other aspect of any of the Items that you may purchase or sell on Tartez.com.
We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any third party content. Under no circumstances will THECONTENT be liable for or in connection with any errors or omissions in any third party content or embedded links, any loss or damage caused by your reliance on or any other harm arising from any third party content.
Any material downloaded or otherwise obtained through the use of the services on Tartez.com is done at your own risk and discretion and you shall be solely responsible for any damage to your computer system or damage or loss of data resulting from the download of any information.
29. Governing Law