Terms & Conditions
JEWELRY HUNT DESIGNER STORE OPENING AGREEMENT
You (hereinafter referred to as: Designer) are welcome to register on the JEWELRY HUNT platform! Before you click to agree to this Agreement during the registration process. Please be sure to carefully read and fully understand the content of each clause, especially the clause on exemption or limitation of liability, the application of law and the dispute resolution clause. Terms that exclude or limit liability will be underlined in bold and should be read with emphasis.
When you fill in the information according to the prompts on the registration page, read and agree to this agreement and complete the registration procedure, you are deemed to have fully read and understood all the contents of this agreement, fully known and fully understood the meaning of the terms of this Agreement and the corresponding legal consequences, and reached an Agreement with JEWELRY HUNT to become a Co-Designer of JEWELRY HUNT. In the process of reading this Agreement, if you do not agree with this Agreement or any of its terms, you should immediately stop the registration process.
JEWELRY HUNT (www.jewelryhunt.net) (hereinafter referred to as "JH") is the world's first vertical Internet platform in the field of fashion jewelry, the world's first fashion jewelry field jointly developed and built by Zaowoo (Hong Kong) Intelligent Technology Co., Limited (hereinafter referred to as: the Company), Designers and purchasers interact & buy online service community, it provides jewelry purchasers with rich and diverse product choices. Provide Designers with online store opening, brand display and work/product monetization services; at the same time, it also provides high-quality online DIY customization and professional design collaboration services for industry personnel.
Article 1 Content and methods of cooperation
1.1. The designer has the right to open his own store in JEWELRY HUNT (hereinafter referred to as JH), list its own goods for sale or purchase platform supply chain services; Designers put their own products on the shelves for sale, and designers need to be responsible for corresponding QC, inventory, logistics and after-sales service;
1.2. Platform supply chain service is for Designers to purchase supply chain services from factories contracted offline by JH platform, JH platform only acts as the transaction facilitation, fund collection and guarantor of supply chain services between Designers and factories, and the content of supply chain services includes but is not limited to: jewelry 3D drawing design, R&D and sample preparation, packaging customization, mass production and other services;
1.3. JH lists the Designer as a cooperating Designer, and during the cooperation period, the Designer has the right to operate its own store and sell its own goods on the JH platform; when the Designer opens stores on the JH platform, JH does not charge any upfront fees, when the Designer generates a sales order on the JH platform, JH will deduct the Designer's established proportion of service fees, and the service fee rate is 2.5% of the sales of goods (excluding courier costs and customs clearance fees).
Article 2 Store transaction rules
1. The Designer establishes a buying and selling relationship with the purchaser, and after the purchaser places an order and pays successfully, the net amount of receivables (that is, the net amount included in the fund account after actual amount paid at the time of the transaction is deducting the directly related expenses such as the payment fee at the time of the transaction) will be viewed in the Designer's platform income center, and it will be frozen and cannot be withdrawn when the transaction is not completed;
2. After the purchaser receives the goods, the quality problems generated shall be handled by the Designer; after receiving the goods, if the purchaser finds that there are mass and seriously inferior goods and the goods are seriously inconsistent with the sample, after JH's comprehensive judgment, it is reasonable to believe that the Designer has no intention to perform the contract, it will be deemed that the Designer refuses to perform the contract, and the transaction supports a refund, and the purchaser and the Designer negotiate for disposal;
3. After the completion of the transaction, the dispute between the Designer and the purchaser shall be resolved through negotiation between the Designer and the purchaser, and if necessary, the JH platform can provide relevant order material proof, which the Designer knows and recognizes.
4. If there is no dispute between the two parties (7 days after receipt or the purchaser or designated third party confirms the receipt after receiving the goods), the frozen funds of the Designer's income center will be converted into withdrawable funds, and the Designer can withdraw funds by adding the PayPal and bank card of the entity to which he belongs. The receiving account information includes the name of the payee, the name of the bank, the account number, the address of the bank, the SWIFT code of the bank, etc
5. The fee generated by the payment wallet in the card network, PayPal, etc. at the time of withdrawal needs to be borne by the Designer (see fees and payment methods below).
Article 2 Term of cooperation
The cooperation agreement takes effect from the date the Designer opens a designer store in JEWELRY HUNT, and it will automatically expire when the Designer applies for cancellation of designer store in JEWELRY HUNT and is confirmed by JH.
Article 3 Rights and obligations of both parties
3.1. JH Rights and Obligations
3.1.1. JH has the right to open mold production for R&D orders paid by Designers, and JH has the right to refuse production and refund R&D orders that do not meet the requirements of JH's supply chain;
3.1.2. JH has the right to display the Designer's listed products in the Store;
3.1.3.JH has the right to display the shops opened by Designers in Designer.
3.1.4. JH has the right to display the Designer's publicly available products and related information and store homepage on official platforms, online stores, social media, online and offline brand and event posters, EDM and other promotion channels.
3.1.5. JH has the right to review the Designer's own product works, if the product does not meet the listing specifications, JH will notify the Designer by letter and email, and JH has the right to remove non-compliant products.
3.1.6. In order for JH to better understand the Designer's design thinking and produce a final product sample satisfactory to both parties, JH has the right to require the Designer to provide relevant design documents, prototype molds and product information.
3.1.7. If there is no application for copyright notarization, trademark right and patent right registration for the Designer's work, JH may introduce a third-party intellectual property agency to the Designer or accept the Designer's entrustment to handle it for the Designer, and the two parties shall separately sign a supplementary agreement for the fee.
3.1.8. JH has no right to produce and sell all products listed by the Designer without permission;
3.1.9. JH has the right to notify and urge the Designer to process the relevant orders and after-sales services for the goods sold by the Designer;
3.1.10. JH has the right to warn or even close the store and remove all products for plagiarism, obvious quality defects, deception and malicious behavior in the opening of stores and product sales.
3.1.11. JH has the right to deduct the agreed fee from the Designer in accordance with 1.2 of Article 1 of this Agreement;
3.1.12. JH is obliged to carry out technical maintenance of the platform and provide Designers with timely and reliable platform services.
3.2. Designer rights and obligations
3.2.1. The Designer has the right to open a designer store on the JH platform and list its own products, and the Designer needs to be responsible for the logistics and after-sales of its own product orders, and any disputes between the Designer and the purchaser must be resolved and borne by the Designer.
3.2.2. The Designer has the right to manage and market its own store, and may set reasonable discounts and other marketing activities for all goods sold in the store.
3.2.3. The Designer has the right to display links to its store and products on JEWELRY HUNT on its social media or other platforms.
3.2.4. The Designer is obliged to ensure the copyright of the products and R&D products on its shelves, and JH is not responsible for commercial disputes arising from copyright issues.
3.2.5. The logistics costs and customs clearance costs incurred by the Designer in the order processing shall be borne by the Designer, and the Designer shall have its own pricing power for the goods on the shelves, and JH can provide cooperative logistics for it;
3.2.6. The Designer has the right to request JH not to display its designated products;
3.2.7. The Designer has the right to request that JH not display its store;
3.2.8. Designers have the right to edit and adjust their own listed products, and the Designer's editing content must comply with JH's platform content specifications.
3.2.9. The Designer has the right to purchase and use the affiliate marketing services and flow support program provided by JH.
3.2.10. The Designer has the right to request the cancellation of orders for products that have not yet started R&D or production, but the Designer cannot operate the cancellation of orders for orders in progress.
3.2.11. The Designer has the right to submit an application for exclusive service customization based on the service possibilities provided by JH supply chain advantages.
3.2.12. The Designer has the right to apply to JH for technical standards related to the production of the product and certification related to quality, sustainability and ethics.
3.2.13. During the period when the Designer is stationed on the JH platform, the Designer, as a JH Co-Designer, has the right to use his or her own personal/professional media channels to provide media publicity and press releases for the JH official platform, online store, social media, brand story, events, EDM, etc.
3.2.14. The Designer has the right to participate, attend and cooperate with the planning activities arranged by the JH platform.
3.2.15. The Designer shall strictly abide by the rules of the JH platform and shall not directly trade with the customer beyond the JH platform.
3.2.16. The Designer undertakes not to cause JH to suffer losses due to its own confidentiality obligations and non-compete restrictions, otherwise all losses arising therefrom shall be borne by the Designer alone and JH will be free from disputes.
Article 4 Fees and payment methods
4.1. “Sales amount” is defined as any sales revenue of JH on Designer's works or samples (goods) minus any refunds, returns or defaults for the customer.
4.2. Settlement cycle: sales amount is calculated in one settlement cycle of 14 days;
4.3. The profit distribution method of cooperation under this Agreement is: based on the sales amount generated by the sale of goods in stores opened by JH authorized Designers, JH will deduct the agreed service fee to the designer.
4.3.1. Service fee: after the successful sale of the designer's listed products, JH deducts the fee according to the agreed proportion of the sales amount of the Designer's products in each settlement cycle.
Article 5: Confidentiality responsibilities
5.1. The Designer guarantees that the documents and materials (including but not limited to trade secrets, company plans, operational activities, financial information, technical information, product information, business information, product design drawings, schemes, models and other trade secrets) belonging to JH that cannot be obtained from public channels learned during the discussion, signing and execution of this Agreement shall be kept confidential. The Designer shall not disclose any details of JH’s business to any third party, including but not limited to any information about JH's client information, business plan or price point.
5.2. Without the written consent of both parties, the parties shall not disclose all or part of the above confidential information to any third party.
5.3. Both parties shall take all reasonable measures, including but not limited to the precautions it adopts with respect to its own confidential information, to protect the secrecy of the both parties' confidential information and to prevent it from entering the public domain or being accessed or possessed by unauthorized persons due to the disclosure or use of the confidential information of the parties.
5.4. Upon termination of the Agreement, JH shall cease the use, production and marketing of the Designer's works or samples (goods). The parties shall return any information held by the other in connection with each other's business or trade secrets.
5.5. If the Designer violates the provisions of this
confidentiality clause and discloses or transfers JH's confidential information
to a third party without authorization, JH has the right to immediately stop
cooperating, and the Designer shall pay JH a liquidated damages of 50,000
US dollars. If the amount of liquidated damages is lower than the actual loss
caused to JH, the actual loss shall prevail.
5.6. This confidentiality clause shall not be invalid due to the termination of the cooperation between the parties. This confidentiality clause shall remain binding on both parties for  years after the termination of the cooperation between the parties.
Article 6 Intellectual property rights
6.1. All sketches, drawings, designs, plans, specifications, patterns, models and other documents, materials or objects prepared or uploaded by the Designer in accordance with this Agreement are the exclusive property of the Designer.
6.2. The Designer guarantees that the design drafts, pictures,
videos, etc. submitted to JH do not infringe the intellectual property rights,
portrait rights or other legitimate rights and interests of any third party. If
any third party claims that the design drafts, pictures, videos, etc. provided
by the Designer to JH infringe its intellectual property rights, portrait
rights or other legitimate rights and interests, the Designer will defend
any claims, lawsuits or legal claims arising therefrom and bear the
corresponding legal consequences; if any loss is caused to JH,
the Designer shall compensate, including but not limited to direct
economic loss, arbitration costs, and lawyer fees.
6.3. Designers shall strictly abide by the relevant rules of the
JH platform, ensure the rights of their own design works, and respect the
rights of JH and other Designer works of the JH platform. Do
not plagiarize, copy, modify or create any derivative works of
other Designers' design works and product content on the JH platform.
6.4. JH shall not obtain benefits from the design documents submitted by the Designer other than those authorized by the Designer to produce and sell, shall not be sent to third parties without the consent of the Designer, and shall not be disclosed on other public platforms without the consent of the Designer.
6.5. If the Designer's design work is infringed and it is indeed leaked from JH official and related platforms, the Designer has the right to request JH to actively assist in rights protection, and JH is obliged to send a warning letter to the actual infringer in the name of JH.
6.6. Both parties resolutely safeguard the uniqueness and absoluteness of each other's proprietorship, ownership and related interests of their own trademarks.
Article 7 Limitation of liability
7.1. JH shall perform its obligations in accordance with the law and this Agreement, but JH shall not be liable for breach of contract due to the following reasons, such as obstacles to contract performance, performance defects, delays in performance or changes in performance content:
7.1.1. Due to force majeure factors such as natural disasters,
strikes, riots, wars, government actions, judicial administrative orders, etc.;
7.1.2. Due to public service factors such as power supply
failures, communication network failures or third-party factors;
7.1.3. In the case that JH has managed in good faith, due to routine or emergency equipment and system maintenance, equipment and system failure, network information and data security, etc.
Article 8 Liability for breach of contract
8.1. Both parties shall perform this Agreement conscientiously, and if this Agreement cannot be performed, cannot be fully performed, delayed in performance or does not meet the conditions stipulated in the Agreement due to the behavior of either party, it shall constitute a breach of contract, and the breaching party shall bear the liability for breach of contract to the other party.
8.2. If JH and/or its affiliates are punished by the relevant
national regulatory authorities or have a significant negative social impact
(including but not limited to negative public opinion) due to infringement of
the Designer's design works or other violations of laws and regulations,
the Designer is responsible for eliminating such negative impact and
bearing the losses of JH and/or its affiliates within the time limit required
by JH, otherwise the Designer shall pay liquidated damages at twice the
loss of JH and/or its affiliates, whichever is higher. JH reserves the right to
automatically deduct the bill at checkout, and JH reserves the right to
terminate this Agreement early as the case may be.
8.3. If a third party claims that the Designer has defective proprietorship or intellectual property rights in the uploaded design, sample or product, resulting in JH being involved in a lawsuit, the Designer will defend against any action or legal claim arising therefrom. The Designer agrees to pay the amount of damages determined by the relevant judgment or settlement. JH agrees that in the event of such action or request, JH will promptly notify Designer and provide reasonable assistance to Designer in dealing with such action or request so that Designer may have the right to respond, defend or settle in connection therewith. If the designer is unable to respond to or settle the claim for other reasons, JH has the right to respond or settle the lawsuit at the Designer's expense.
Article 9 Governing law and dispute resolution
9.1. The signing, validity, interpretation and execution of this
Agreement and the resolution of this dispute shall be governed by the laws of the
People's Republic of China (PRC).
9.2. Any dispute between the parties regarding the interpretation or performance of the terms shall be settled through friendly negotiation. If the negotiation fails, either party may submit the dispute to the Shanghai Arbitration Commission for arbitration in Shanghai in accordance with the arbitration rules in force at the time of the application for arbitration. The arbitral tribunal consists of three arbitrators, of which one is appointed by JH, one is appointed by the Designer, and the third is appointed by the Shanghai Arbitration Commission and serves as the presiding arbitrator. The language of arbitration is Chinese. The arbitral award shall be final and binding on the parties.
9.3. During the arbitration period, except for the rescission/termination of the agreement itself in accordance with the law, the other clauses shall continue to be performed, and the breaching party shall bear all the costs paid by the non-breaching party for the protection of rights, including but not limited to attorney fees, arbitration fees, preservation fees, appraisal fees, etc.
Article 10 Termination of Agreement
10.1. JH has the right to unilaterally modify the rights and
obligations related to designers in this Agreement according to the
cooperation situation. Once the terms of the agreement are changed, JH will
publicize it on the relevant service page, and unless otherwise required by
laws, regulations or regulatory provisions, the revised content will take
effect immediately after it is publicized. If the Designer does not agree
to the revised agreement, the Designer shall stop using the service
from the date of such revised announcement; otherwise, it is deemed to
agree and accept the modified content.
10.2. JH has the right to terminate this Agreement if any of the
following circumstances occur:
10.2.1. The purpose of this Agreement cannot be achieved due to
force majeure or objective circumstances after the establishment of the
Agreement, which are not commercial risks caused by force majeure that cannot
be encountered by the parties at the time of entering into the Agreement.
10.2.2. The Designer takes the initiative to close the
services of this platform;
10.2.3. The Designer fraudulently uses another person's name
or steals another person's account to use the service;
10.2.4. The Designer uses JH platform services to engage in
10.2.5. The Designer engages in any behavior that may
infringe the JH platform service system;
10.2.6. The Designer violates any laws and regulations, or the rules of the platform.
Article 11 Interpretation of the Agreement
11.1. For matters not covered by this Agreement or the content of the terms is unclear, the parties to the Agreement may make a reasonable interpretation of this Agreement in accordance with the general understanding according to the principles of this Agreement, the purpose of the Agreement, trading habits and the content of related terms. Such interpretation shall be binding unless the interpretation conflicts with the law or this Agreement.
Article 12 Supplementary agreement
Article 13 Miscellaneous
13.1. The Designer may not assign its rights and obligations under this Agreement to another entity without JH's written consent.
13.2. JH's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or right.
13.3. In view of the special nature of the network, JH shall not be liable for special, indirect, punitive, sudden or causal damage or any other damage caused by any reason, whether foreseeable or not, regardless of the form of action.