Terms of Service
1. Introduction
1.1 Welcome to the Weiland platform ("the Website"). Before using this Website or opening a Weiland account ("the Account"), please carefully read the following Terms of Service to understand your legal rights and obligations with respect to Weiland Limited and its affiliated companies and subsidiaries (collectively referred to as "Weiland", "we", "us" or "our"). For the purpose of these Terms of Service, an "Affiliate" means, with respect to an entity, any entity that controls, is controlled by, or is under common control with that entity. "Control" means the direct or indirect possession of the power to direct or cause the direction of the management, operating policies or assets of the entity, whether through ownership of more than 50% of the voting rights, equity securities or assets, or through a contract, management agreement, voting trust or other means; provided that the term "Affiliate" shall include any variable interest entity, regardless of whether such variable interest entity may or may not be required to be consolidated with that entity in accordance with generally accepted accounting principles. The "Services" we provide include (a) this Website, (b) the services provided by this Website and the Weiland client software available through this Website, and (c) all information, linked pages, functions, data, text, images, photos, graphics, music, sounds, videos (including live streams), messages, tags, content, programs, software, application services (including but not limited to any mobile application services) or other materials made available through the Website or its related services ("Content"). Any new features added to or enhancing the Services shall also be subject to these Terms of Service. These Terms of Service apply to your use of the Services provided by Weiland.
1.2 The Services include an online platform service that provides a venue and opportunity for the sale of goods between buyers ("Buyers") and sellers ("Sellers") (collectively referred to as "you", "Users" or "the Parties"). The actual sales contract is entered into directly between the Buyer and the Seller. Weiland is not a party to such contract or any other contract between the Buyer and the Seller, and shall not assume any obligations in connection with any such contract. Each party to such transactions shall bear full responsibility for the sales contract, product listings, purchase guarantees, etc. between them. Weiland does not participate in transactions between Users. Weiland may or may not pre-screen Users or the Content or information provided by Users. Weiland reserves the right to delete any Content or information you post on the Website in accordance with Section 6.4 herein. Weiland cannot ensure that Users will actually complete transactions.
1.3 Before becoming a User of this Website, you must read and accept all the terms and conditions in these Terms of Service and all terms and conditions linked thereto, and you must agree to the processing of your personal data as described in the Privacy Policy linked herein.
1.4 Weiland reserves the right to change, modify, suspend or terminate all or any part of this Website or the Services at any time or upon notice as required by local laws. Weiland may release certain Services or features thereof in beta version, which may not function properly or in the same manner as the final version, and we shall not be liable in such cases. Weiland may also, in its sole discretion, impose restrictions on certain features or restrict your access to part or all of the Website or the Services without prior notice or liability.
1.5 Weiland reserves the right to refuse to provide you with access to the Website or the Services or to allow you to open an Account for any reason. By using the Weiland Services or opening an Account, you irrevocably accept and agree to the terms of this Agreement, including those additional terms, conditions and policies referenced and/or linked herein. If you do not agree to these terms, please do not use our Services or access the Website. If you are under 18 years of age or have not reached the legal age required by the applicable laws of your country/region to consent to this Agreement (the "Legal Age"), you must obtain the permission of your parent or legal guardian to open an Account, and such parent or legal guardian must agree to the terms of this Agreement. If you are unsure whether you have reached the Legal Age or do not understand this Section, please do not create an Account until you have sought assistance from your parent or legal guardian. If you are the parent or legal guardian of a minor who is creating an Account, you must accept the terms of this Agreement on behalf of the minor, and you shall be responsible for all uses of the Account or the Company's Services using the Account, whether the Account is currently open or created later.
2. Seller Store Opening and Deposit Rules
2.1 All merchants applying to settle on the Weiland cross-border e-commerce platform must pay a one-time deposit of $7,000 before their stores are officially launched. This deposit is an important guarantee for the platform to establish a healthy, transparent and sustainable business environment, which is used to prevent merchant default risks, protect the legitimate rights and interests of consumers, and support the platform's capital dispatching capacity in case of transaction disputes. Stores that have not paid the deposit will not be able to enter the official operation stage.
2.2 If a merchant fails to pay the deposit due to capital or other reasons, it may be guaranteed by a guaranteed store. The guaranteed store must pay an additional $500 distribution store deposit to the platform to obtain the guarantee qualification. During the guarantee period, the guaranteed store shall bear joint and several liabilities for the performance, compliance operation and consumer services of the subordinate stores. In case a subordinate store commits a major violation or breach of contract, the platform has the right to deduct from the distribution deposit of the guaranteed store and the guaranteed store's own deposit.
2.3 The guarantee relationship is not permanent, and the guaranteed store has the right to apply for revocation of the guarantee. However, before revocation, the credit score of the subordinate store must reach the full score before funds can be withdrawn. If the credit score of the subordinate store does not reach the full score, the platform will freeze the relevant account until the credit is restored or an additional deposit is paid. This provision is intended to prevent bad stores from cashing out through guarantee loopholes and maintain the overall credit system of the platform.
2.4 To ensure that merchants' business operations on the platform are legal and compliant, the platform will establish a dynamic credit score evaluation system for stores, which is directly linked to fund withdrawal and business rights:
Credit score below 80 points: Withdrawal is prohibited until the credit score is restored to the full score (100 points);
Credit score below 80 points (when applying to close the store): Withdrawal is prohibited, and the account is frozen for 70 days;
Credit score below 60 points: The account is compulsorily frozen for 90 days. After unfreezing and completing fund withdrawal, the store will be prohibited from re-entering the Weiland cross-border e-commerce platform for three years;
Credit score below 30 points: The account is compulsorily frozen for 180 days. After fund withdrawal, the store will be permanently prohibited from opening again on the Weiland cross-border e-commerce platform.
2.5 If a merchant fails to obtain a guarantee from a guaranteed store, it must pay the $7,000 deposit independently to operate normally. If the deposit is not paid, the platform will compulsorily freeze the store's account for 60 days and suspend all its business activities and fund withdrawal services until the payment obligation is fulfilled or the store is automatically unfrozen after 60 days.
2.6 The platform has the right to directly deduct the merchant's deposit in the following circumstances:
The merchant engages in false shipment, defrauds consumers, or refuses to fulfill after-sales responsibilities;
The merchant commits serious violations of platform regulations during operation;
The merchant is involved in illegal acts, causing economic losses to consumers or the platform;
If the deposit after deduction is insufficient to maintain basic guarantees, the merchant must make up the difference within the specified time limit; otherwise, the store will be compulsorily frozen until the difference is made up.
2.7 When a merchant voluntarily applies to close the store and has completed all pending orders, after-sales services and consumer compensation liabilities, the platform will transfer the deposit to the merchant's store fund account after verification. The deposit will be combined with the remaining withdrawable funds, and the merchant can withdraw them together when applying for withdrawal. If the merchant has unfulfilled obligations, the platform has the right to deduct the relevant fees from the deposit first, and the remaining amount can be returned.
2.8 If a merchant has no major violation records on the platform for two consecutive years and its credit score remains above 95 points for a long time, the platform will timely reduce the deposit or return part of the interest income to encourage honest operation. The detailed rules of this policy shall be separately announced and adjusted by the platform according to the market environment and risk control system.
2.9 During the platform's operation, if the market risk increases, the platform rules are updated, or the store's business scale expands, the platform has the right to require the merchant to make supplementary payment or additional deposit. The merchant must complete the supplementary payment within the specified time limit; otherwise, it will be deemed a breach of contract, and the platform may take measures such as freezing the account, restricting withdrawal, and suspending business.
2.10 If the merchant or its guaranteed store fails to fulfill the obligations related to the deposit, in addition to the deduction of the deposit, the platform has the right to pursue the joint and several liability for compensation of the merchant and the guaranteed store and reserve the right to take further legal measures.
2.11 The deposit shall only be used to ensure the compliant operation and transaction security of the store on the platform and shall not be used for other purposes. The deposit shall not be transferred, mortgaged or misappropriated, nor shall it be disposed of when the refund conditions are not met.
2.12 When registering a store, the merchant must upload valid identity verification documents, including but not limited to ID cards, passports, driver's licenses, etc. The submitted information must be true and valid, and the platform will conduct strict verification. If false or forged information is found, the application will not be approved, and the applicant will be included in the platform's blacklist and permanently prohibited from applying for entry again.
2.13 If a merchant fails to enter the platform through the guarantee of a guaranteed store, it must register and obtain a legally valid business license in accordance with local laws and regulations and send the relevant qualification documents to the platform's designated email address: weiland.commerce@gmail.com. The platform will complete the verification within three working days after receiving the complete materials and inform the merchant of the verification result via email. Merchants that fail to pass the verification shall not carry out any business activities.
3. Privacy
3.1 At Weiland, your privacy is very important to us. To better protect your rights, we provide the Weiland Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Weiland collects and uses information related to your Account and/or your use of the Services ("User Information"). By using the Services or providing information on the Website, you:
(i) agree that Weiland may collect, use, disclose and/or process your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the ownership of your User Information is jointly owned by you and Weiland;
(iii) shall not directly or indirectly disclose your User Information to any third party or otherwise allow any third party to access or use your User Information without the prior written consent of Weiland.
3.2 A User who obtains another User's personal data through the use of the Services (the "Recipient") hereby agrees that they will (i) comply with all applicable personal data protection laws in relation to any such data; (ii) allow the User whose personal data was collected by the Recipient (the "Discloser") to delete the data collected from the Recipient's database; (iii) in the case of (ii) above, allow the Discloser to review the information collected about them by the Recipient in accordance with and to the extent required by applicable laws.
4. Limited License
4.1 Weiland grants you a limited and revocable license to access and use the Services in accordance with the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property rights ("Intellectual Property Rights") displayed on this Website are the property of Weiland and, where applicable, third-party owners identified on the Website. No party accessing this Website is granted any right or license to use or reproduce any Intellectual Property Rights directly or indirectly, and no party accessing this Website shall claim any right, title or interest therein. By using or accessing the Services, you agree to comply with copyright, trademark, service mark and all other applicable laws protecting the Services, the Website and their Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any part of the Services, the Website or their Content. Without our prior written consent, you shall not mirror or frame any part or all of the Content of this Website on any other server or as part of any other website. In addition, you agree not to use any robot, spider or any other automatic device or manual process to monitor or copy our Content without our prior written consent (such consent is deemed granted for standard search engine technologies adopted by Internet search websites that direct Internet users to this Website).
4.2 You are welcome to link to this Website from your website, provided that your website does not imply any endorsement or affiliation with Weiland. You acknowledge that Weiland may, in its sole discretion, cease providing part or all of the Services at any time without prior notice.
5. Software
Any software we provide to you as part of the Services is subject to these Terms of Service. Weiland reserves all rights to the software not expressly granted to Weiland under this Agreement. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the third party that owns such scripts or code, not by Weiland.
6. Account and Security
6.1 Certain features of our Services require registration of an Account by selecting a unique user identifier ("User ID") and password and providing certain personal information. If the User ID you select is deemed offensive or inappropriate by Weiland in its sole discretion, Weiland has the right to suspend or terminate your Account. You may use your Account to access other products, websites or services that we allow access to or that are bound to or partnered with us. Weiland has not reviewed the Content, functions, security, services, privacy policies or other practices of these products, websites or services and shall not be liable therefor. If you do so, the terms of service of these products, websites or services, including their respective privacy policies, may also apply to your use of these products, websites or services if they differ from these Terms of Service and/or our Privacy Policy.
6.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out of your Account at the end of each session on the Website, (c) immediately notify Weiland of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You shall bear full responsibility for all activities that occur under your User ID and Account, even if such activities or use are not conducted by you. Weiland shall not be liable for any loss or damage arising from the unauthorized use of your password or your failure to comply with the provisions of this Section.
6.3 You agree that Weiland may, in its sole discretion, for any reason, with or without notice to you or any third party, and without liability to you or any third party, immediately terminate or suspend your Account and your User ID, delete or discard any Content related to your Account and User ID from the Website, withdraw any subsidies provided to you, cancel or suspend any transactions related to your Account and User ID, temporarily or, in more serious cases, permanently withhold any sales proceeds or refunds, and/or take any other actions that Weiland deems necessary. The reasons for such actions may include, but are not limited to, actual or suspected (a) prolonged inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive conduct, (d) possession of multiple User Accounts, (e) purchasing products on the Website for commercial resale, (f) abnormally or excessively purchasing products from the same Seller or related group of Sellers, (g) abuse of vouchers (including but not limited to selling vouchers to third parties, selling vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Website), or (h) conduct harmful to the business interests of other Users, third parties or Weiland. The use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without prior notice. If a legal dispute arises or law enforcement action is initiated in connection with your Account or your use of the Services for any reason, Weiland may immediately terminate your Account with or without notice.
6.4 A User may terminate their Account if they notify Weiland in writing (including via email at weiland.commerce@gmail.com) of their desire to do so. Notwithstanding any such termination, the User shall remain responsible for any pending transactions (whether initiated before or after such termination), product shipment, product payment, etc., and the User must promptly contact Weiland and effectively conduct and complete all pending transactions in accordance with the Terms of Service. Weiland shall not be liable for any damage caused by actions taken pursuant to this Section. The User waives any and all claims based on any such actions taken by Weiland.
6.5 You may only use the Services and/or open an Account if you are located in one of the approved countries that we update from time to time.
7. Terms of Use
7.1 The license to use this Website and the Services shall remain in effect until terminated. This license shall terminate in accordance with the provisions of these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such case, Weiland may effect such termination with or without notice to you.
7.2 You agree not to:(a) upload, post, transmit or otherwise provide any Content that is illegal, harmful, threatening, abusive, harassing, intimidating, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others' privacy, hateful or racially discriminatory, or otherwise objectionable in terms of race or other aspects;
(b) violate any laws, including but not limited to any laws and regulations relating to import/export restrictions, third-party rights or our Prohibited and Restricted Items Policy;
(c) upload, post, transmit or otherwise provide any Content featuring unsupervised minors or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity or otherwise misrepresent your relationship with a person or entity;
(e) forge headers or otherwise manipulate identifiers to conceal the origin of any Content transmitted through the Services;
(f) remove any ownership notices from the Website;
(g) cause, allow or authorize the modification, creation of derivative works or translation of the Services without the express permission of Weiland;
(h) use the Services for the benefit of any third party or in any manner not permitted by the license granted herein;
(i) use the Services or upload Content in a fraudulent, unreasonable, false, misleading or deceptive manner;
(j) open and/or operate multiple User Accounts in connection with any conduct that violates the letter or spirit of these Terms of Service;
(k) use any unofficial Weiland hardware or software (including but not limited to emulators, simulators, robots or other similar hardware or software) to access the Weiland platform, open a User Account or otherwise access your User Account;
(l) manipulate the price of any item or interfere with other Users' listings;
(m) take any action that may undermine the feedback or rating system;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any part thereof), or crack or break any encryption technology or security measures implemented by Weiland in respect of the Services and/or data transmitted, processed or stored by Weiland;
(o) obtain or collect any information about other Account holders, including but not limited to any personal data or information;
(p) upload, email, post, transmit or otherwise provide any Content that you are not entitled to provide under any law, contract or fiduciary relationship (such as under an employment relationship or a confidentiality agreement);
(q) upload, email, post, transmit or otherwise provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(r) upload, email, post, transmit or otherwise provide any unsolicited or unauthorized advertising, promotional materials, "spam", "junk mail", "chain letters", "pyramid schemes" or any other form of unauthorized solicitation;
(s) upload, email, post, transmit or otherwise provide any material containing software viruses, worms, Trojan horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause the screen to "scroll" faster than other Users of the Services can type, or otherwise negatively affect other Users' ability to participate in real-time communication;
(u) interfere with, manipulate or disrupt the Services or the servers or networks connected to the Services or any other User's use and enjoyment of the Services, or violate any requirements, procedures, policies or regulations of the networks connected to the Website;
(v) take any action or engage in any conduct that may directly or indirectly damage, disable, overload or impair the Services or the servers or networks connected to the Services;
(w) use the Services intentionally or unintentionally to violate any applicable local, state, national or international laws, rules, guidelines, directives, standards, policies or regulations, including but not limited to laws and requirements (whether legally binding or not) relating to anti-money laundering or counter-terrorism;
(x) use the Services to violate or evade any sanctions or embargoes imposed or enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control, the United Nations Security Council, the European Union or the UK Treasury;
(y) use the Services to invade others' privacy or "stalk" or otherwise harass others;
(z) infringe Weiland's rights, including any Intellectual Property Rights and any counterfeiting thereof;
(aa) use the Services to collect or store personal data of other Users in connection with the prohibited acts and activities described above;
(bb) list items that infringe the copyright, trademark or other Intellectual Property Rights of third parties or use the Services in a manner that infringes the Intellectual Property Rights of others;
(cc) direct or encourage other Users to conduct transactions outside this Website.
7.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originates. This means that you (and not Weiland) shall bear full responsibility for all Content you upload, post, email, transmit or otherwise provide through this Website. You understand that by using this Website, you may be exposed to Content that you may find offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances shall Weiland be liable for any Content, including but not limited to any errors or omissions in any Content, or any type of loss or damage arising from the use of or reliance on any Content posted, emailed, transmitted or otherwise provided on the Website.
7.4 You acknowledge that Weiland and its designated personnel have the right (but not the obligation) to pre-screen, reject, delete, stop, suspend, remove or move any Content, including but not limited to any Content or information you post, that is available on this Website, in their sole discretion, without any liability to you. Without limiting the foregoing, Weiland and its designated personnel have the right to delete any Content (i) that violates these Terms of Service or your Prohibited and Restricted Items Policy; (ii) if we receive complaints from other Users; (iii) if we receive a notice or allegation of Intellectual Property Rights infringement or other legal instruction or request for deletion; (iv) if such Content is otherwise objectionable. As part of our efforts to protect the Services or our Users, or to otherwise enforce the provisions of these Terms and Conditions, we may also block communications (including but not limited to status updates, posts, messages and/or chats) to or from the Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including but not limited to any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you do not and, to the maximum extent permitted by applicable law, shall not rely on any Content created by Weiland or submitted to Weiland, including but not limited to information in Weiland forums and all other parts of the Website.
7.5 You acknowledge, agree and consent that Weiland may access, preserve and/or disclose your Account information and Content to any legal, regulatory or government authority, relevant right holder or other third party if required by law, pursuant to a court order or a lawful request from any government or regulatory authority having jurisdiction over Weiland, or in good faith belief that such access, preservation or disclosure is reasonably necessary for: (a) complying with legal processes; (b) enforcing these Terms of Service or our Prohibited and Restricted Items Policy; (c) responding to claims that any Content infringes the rights of third parties (including Intellectual Property Rights); (d) responding to your customer service requests; (e) protecting the rights, property or personal safety of Weiland, its Users and/or the public.
8. Violations of Our Terms of Service
8.1 Violations of this Policy may result in a range of actions, including but not limited to any or all of the following:
Listing deletion
Account permission restrictions
Account suspension and subsequent termination
Criminal charges
Civil litigation, including but not limited to claims for damages and/or temporary or injunctive relief
8.2 If you believe a User on our Website has violated these Terms of Service, please contact us at weiland.commerce@gmail.com.
9. Reporting Intellectual Property Infringement
9.1 As stated above, Weiland does not allow the listing of goods that infringe the Intellectual Property Rights of brands or other Intellectual Property Rights owners ("IP Owners").
9.2 Unless otherwise expressly stated, Users are independent individuals or businesses and have no affiliation with Weiland. Weiland is neither the agent nor the representative of Users, nor does it hold and/or own any goods listed on this Website.
9.3 If you are an IP Owner or a formally authorized agent of an IP Owner ("IP Agent") and you believe that your rights or the rights of your principal have been infringed, please notify us by submitting content via the official email weiland.commerce@gmail.com and provide us with the following required documents to support your claim. Please allow us time to process the information provided. Weiland will respond to your complaint as soon as practicable.
9.4 Complaints made pursuant to this Section 9 must be provided in the form prescribed by Weiland, which may be updated from time to time, and must include at least the following: (a) identification information of the IP Owner or IP Agent (collectively referred to as the "Reporter"); (b) a description of the type and nature of the allegedly infringed Intellectual Property Rights and proof of rights; (c) a description of the nature of the alleged infringement, with sufficient details to enable Weiland to assess the complaint; (d) the URL of the listing containing the alleged infringement; (e) sufficient information to allow Weiland to contact the Reporter, such as the Reporter's physical address, telephone number and email address; (f) a statement by the Reporter that the complaint is made in good faith and that the use of the Intellectual Property Rights identified by the Reporter is not authorized by the IP Owner or by law; (g) a statement by the Reporter that the information in the notice is accurate, that the Reporter will compensate us for any damages that Weiland may suffer as a result of the information provided by the Reporter, and that the Reporter has the appropriate right or authority to handle all matters related to the complaint on behalf of the IP Owner.
9.5 Weiland acknowledges that manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for their products. However, a breach of such agreements does not constitute an infringement of Intellectual Property Rights. Since the enforcement of these agreements is a matter between the manufacturer and the Seller, Weiland does not assist in such enforcement activities nor enforce exclusive distribution rights or price control matters, except in countries/regions where there are laws specifically governing selective or exclusive distribution.
9.6 Each Seller agrees to indemnify Weiland and its Affiliates against all claims, causes of action, damages and judgments arising from the removal of any Content or product listing pursuant to or in connection with any Intellectual Property Rights infringement claim.
10. Purchase and Payment
10.1 Weiland supports one or more of the following payment methods in each country where it operates:
(i) Credit cards: Credit card payments are processed through third-party payment channels, and the types of credit cards accepted by these payment channels may vary depending on your jurisdiction.
(ii) Installment purchase plans: For orders exceeding $200,000, Buyers may make installment payments. Installment payments are processed through third-party channels. Currently, the banks supporting installment payments include Standard Chartered Bank (Hong Kong), JPMorgan Chase Bank (USA), Citibank (USA), and UBS.
10.2 A Buyer may only change their preferred payment method for the purchase before making the payment.
10.3 Weiland shall not be liable for any loss or damage suffered by a Buyer in respect of the payment for the purchased goods due to the Buyer's input of incorrect shipping information and/or payment information or incorrect remittance by the Buyer. We reserve the right to check whether the Buyer is duly authorized to use certain payment methods and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction if such authorization cannot be obtained.
11. Seller Balance
11.1 Your Account allows the storage of funds received from the sales proceeds obtained on the platform (the "Seller Balance"). The total amount of this money minus any withdrawals shall be reflected as your Seller Balance.
11.2 You may submit a transfer request ("Withdrawal Request") to transfer funds from your Seller Balance (up to the balance of your Seller Balance) to your linked bank account or personal payment code ("Linked Account") a maximum of twice a day. Weiland may also automatically transfer funds from your Seller Balance to your Linked Account on a regular basis, as determined by Weiland in its sole discretion. Weiland can only process such transfers on working days, and such transfers may take up to two working days to be credited to your Linked Account. Weiland can only make payments to Sellers via bank transfer. Therefore, Sellers are required to provide Weiland with their bank account details to receive payments from their Seller Balance.
11.3 Sellers are entitled to one (1) free Withdrawal Request per week (the "Weekly Withdrawal Limit"). For each additional Withdrawal Request exceeding the Weekly Withdrawal Limit, Weiland may charge a withdrawal fee of 2% ("Withdrawal Fee"). The Weekly Withdrawal Limit and Withdrawal Fee may be changed by Weiland in its sole discretion.
11.4 The funds obtained by you from selling goods on Weiland shall be credited to your Seller Balance within one (1) day after the goods are delivered to the Buyer or immediately after the Buyer confirms receipt of the goods.
11.5 Once submitted, you may not modify or cancel a Withdrawal Request.
11.6 If an error occurs in the processing of any transaction, you authorize us to debit or credit your designated bank account to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit together with any applicable fees to any other bank account or payment instrument you have on file with us, or to deduct the debit and applicable fees from your Seller Balance in the future.
11.7 You authorize us to debit or credit your Seller Balance:
(i) to correct any errors in the processing of any transaction;
(ii) if Weiland determines that you have been involved in fraudulent or suspicious activities and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(iv) in connection with any rewards or rebates;
(v) in connection with any unpaid fees;
(vi) in connection with the resolution of any transaction disputes, including any compensation to which you are entitled or from you;
(vii) in connection with any prohibited items or items detained by customs;
(viii) in connection with any change of mind agreed upon by the Buyer and the Seller;
(ix) for the purchase of advertising credits if you have activated the advertising credit recharge function and your advertising credits have fallen below your minimum advertising credit amount.
11.8 If your Account has been terminated, deactivated or suspended in accordance with these Terms of Service, or if your Account remains inactive for a period of time as may be prescribed by Weiland from time to time, we reserve the right to charge a fee for the management of any remaining Seller Balance in your Account. The amount and frequency of such fees shall be prescribed by Weiland from time to time.
12. Shopping Payment
12.1 If you have both a Weiland Account and a WeilandPay Account ("WeilandPay"), you authorize Weiland to disclose such information to WeilandPay to enable WeilandPay to provide you with services (as defined in the WeilandPay Terms of Service), including but not limited to any payment details related to your Account.
13. Store Guarantee
13.1 Weiland Guarantee is a service provided by Weiland or its authorized agents to secure purchases. To avoid liability risks, funds used to purchase goods from Sellers using the Services shall be held by Weiland or its authorized agents (the "Weiland Guarantee Account"). Sellers shall not receive interest or other income from the funds you pay into the Weiland Guarantee Account.
13.2 After the Buyer pays for his/her order (the "Buyer's Purchase Funds"), the Buyer's Purchase Funds shall be held in the Weiland Guarantee Account until:
(a) the Buyer sends confirmation to Weiland that the Buyer has received his/her goods, in which case, unless Section 13.2 (d) applies, Weiland shall release the Buyer's Purchase Funds (minus the Seller's proportionate shipping fee (if applicable), transaction fees and tax amounts (as defined below), and, if applicable, cross-border fees (as defined below)) to the Seller's Weiland Guarantee Account;
(b) the Weiland Guarantee Period (or any extension approved in accordance with Section 13.3) expires, in which case, unless Section 13.2 (c) or 13.2 (d) applies, Weiland shall release the Buyer's Purchase Funds (minus the Seller's proportionate shipping fee (if applicable), transaction fees and tax amounts (as defined below), and, if applicable, cross-border fees (as defined below)) to the Seller's Weiland Guarantee Account;
(c) Weiland determines that the Buyer's return and/or refund application is successful, in which case, unless Section 13.2 (d) applies, Weiland shall refund the Buyer in accordance with the Refund and Return Policy;
(d) such other time as Weiland reasonably determines that the allocation of the Buyer's Purchase Funds (minus the Seller's proportionate shipping fee (if applicable), transaction fees and tax amounts (as defined below), and, if applicable, cross-border fees (as defined below)) is appropriate, including but not limited to cases where it deems it reasonably necessary to comply with applicable laws or court orders or to enforce these Terms of Service. Weiland Guarantee is only available to Buyers who pay to the Weiland Guarantee Account through the channels provided by Weiland. Offline arrangements between Buyers and Sellers are not covered by Weiland Guarantee.
13.3 Funds paid through Weiland channels shall be held in the Weiland Guarantee Account for a specified period of time (the "Weiland Guarantee Period"). For more information about the Weiland Guarantee Period, please click this link. A Buyer may apply for a one-time extension of the Weiland Guarantee Period before the expiration of the applicable Weiland Guarantee Period, subject to the Refund and Return Policy. Upon the Buyer's application, the Weiland Guarantee Period may be extended by a maximum of three (3) days, unless Weiland determines in its sole discretion that a longer extension is appropriate or necessary.
13.4 If, for any reason, the Seller's bank account is unable to receive funds and/or the Seller cannot be contacted, Weiland shall use reasonable efforts to contact the Seller using the contact information provided by the Seller. If the Seller cannot be contacted and the Buyer's Purchase Funds remain unclaimed by the Seller for more than twelve (12) months after they become due, Weiland shall handle such unclaimed Buyer's Purchase Funds in accordance with any applicable laws.
13.5 A Seller/Buyer must be the beneficial owner of the Account and conduct transactions on the Website only on his or her own behalf. Weiland may require a Seller or Buyer to provide his or her personal data, such as a recent photo ID, bank account details and/or any other such necessary documents, for verification purposes, including verification required by third-party payment processing and logistics service providers. The Seller/Buyer hereby agrees that Weiland may use or provide his or her personal data to third parties to facilitate his or her use of this Website. In addition, the Seller/Buyer authorizes Weiland to use his or her personal data to conduct any inquiries we deem necessary to verify his or her identity with the appropriate entity (such as his or her bank). For more information about how Weiland processes your personal information, please visit our Privacy Policy page.
13.6 Weiland Guarantee is supplementary to, but not limited to, the obligations of Buyers and Sellers under applicable laws, and may go beyond the scope specified therein. Weiland Guarantee is neither intended nor designed to assist Buyers or Sellers in fulfilling their own legal obligations, and each party shall bear full responsibility therefor, and Weiland shall not be liable in connection therewith. Weiland Guarantee does not constitute a product guarantee, but is not limited thereto.
13.7 Buyers and Sellers acknowledge and agree that any decision made by Weiland (including any appeal) in respect of any matter related to Weiland Guarantee is final.
13.8 For the avoidance of doubt, any transaction not conducted on this Website shall not be eligible for the protection provided by Weiland Guarantee.
14. Delivery
14.1 When Weiland receives the Buyer's Purchase Funds, Weiland shall notify the Seller. Unless otherwise agreed with Weiland, the Seller shall make the necessary arrangements to deliver the purchased goods to the Buyer and provide the Buyer with details such as the name of the delivery company and the tracking number through the Website.
14.2 The Seller must use best efforts to ensure that the Buyer receives the purchased items within the Weiland Guarantee Period or the period specified by the Seller in the Seller's listing (for offline payments), whichever is applicable.
14.3 The User understands that the Seller bears all risks of delivering the purchased items and warrants that he/she has obtained or will obtain sufficient insurance for the delivery of the purchased items. If the purchased items are damaged, lost or fail to be delivered during delivery, the User acknowledges and agrees that Weiland shall not be liable for any damage, expense, cost or fee arising therefrom, and the Seller and/or Buyer shall contact the logistics service provider to resolve such disputes.
14.4 For cross-border transactions. The User understands and acknowledges that if a product listing indicates that the product will be shipped from overseas, the product is sold by a Seller located in Mainland China, and the import and export of the product is subject to local laws and regulations. The User shall be familiar with all import and export restrictions applicable to the designated country/region. The User acknowledges that Weiland cannot provide any legal advice in this regard and agrees that Weiland shall not be liable for any risks or liabilities associated with the import and export of such products to Switzerland.
14.5 If the Buyer chooses to have the purchased items delivered offline, all costs for the delivery of the purchased items shall be borne solely by the Seller.
14.6 If the Buyer chooses to have the purchased items delivered by any other transportation method, the fee payable to the delivery company (the "Shipping Fee") shall be borne by the Buyer, the Seller and Weiland in the proportion published by Weiland on the Website from time to time. Weiland shall (i) collect the Buyer's proportionate share of the Shipping Fee from the Buyer, (ii) deduct the Seller's proportionate share of the Shipping Fee from the Buyer's Purchase Funds in accordance with Section 13.2, and (iii) pay the total Shipping Fee to the delivery company.
14.7 For the avoidance of doubt, any logistics services supported by Weiland provided or managed by Weiland Logistics, for the transportation of goods from the place of origin to the destination, as well as land logistics services for local freight, are subject to relevant regulations.
15. Cancellation, Return and Refund
15.1 A Buyer may only cancel his/her order before paying the Buyer's Purchase Funds into the Weiland Guarantee Account.
15.2 A Buyer may apply for a return and refund before the expiration of the Weiland Guarantee Period, subject to the Weiland Refund and Return Policy, if applicable. Please refer to the Weiland Refund and Return Policy for more information.
15.3 Weiland reserves the right to cancel any transaction on the Website, and the Buyer agrees that the Buyer's sole remedy is the refund of the Buyer's Purchase Funds paid into the Weiland Guarantee Account.
15.4 If you have redeemed relevant benefits for your transaction and you successfully obtain a refund in accordance with the Weiland Refund and Return Policy, Weiland shall refund the actual amount you paid for the goods and handle any redeemed benefits separately.
15.5 Weiland does not monitor the cancellation, return and refund process for offline payments.
15.6 Refunds to the Buyer's WeilandPay wallet shall be made within five (5) days after the return or refund request is approved.
16. Seller's Responsibilities
16.1 The Seller shall properly manage and ensure that the relevant information of the goods (such as price, product specifications and inventory quantity) and any sales terms and conditions are updated in the Seller's listings, and shall not post inaccurate, misleading or incomplete information.
16.2 The price of goods shall be determined by the platform (for products provided by platform-cooperating suppliers), but the merchant has the right to offer certain discounts on the goods, which may be implemented after approval by the platform.
16.3 For local orders where the goods are located in Switzerland at the point of sale, if the Seller is registered for value-added tax in Switzerland, the Seller shall provide the Buyer with a price including tax and shall issue a tax invoice, receipt or credit note (if applicable) to the Buyer upon request.
16.4 For international orders where the goods are located outside Switzerland at the point of sale, the price of the goods shall include any value-added tax, import duties, customs duties and fees levied by the Swiss authorities upon import, and the Seller shall not charge the Buyer any additional fees for such items, except in the case of imports specified in Section 16.5.
16.5 Sellers delivering goods imported from Japan using the Incoterm "Delivered Duty Unpaid (DDU)" must inform the Buyer that the carrier may separately collect import duties upon delivery.
16.6 The Seller shall be responsible for responding to the Buyer's inquiries regarding the Seller's VAT registration status.
16.7 The Seller agrees that Weiland may, in its sole discretion, conduct promotional activities to induce transactions by reducing, discounting or refunding fees or otherwise establishing connections between Buyers and Sellers. The final price actually paid by the Buyer shall be the price after applying such adjustments.
16.8 To promote the sale of goods posted by the Seller, Weiland may post the goods (with adjusted prices) on third-party websites (such as portals, price comparison websites) and other websites operated by the Seller (domestic or foreign).
16.9 In accordance with Sections 16.3 and 16.4, the Seller acknowledges and agrees that the Seller shall be responsible for paying all taxes, duties and tariffs on the goods sold, and Weiland cannot provide any legal or tax advice in this regard. Since tax laws and regulations may change from time to time, it is recommended that the Seller seek professional advice if in doubt.
16.10 The Seller acknowledges and agrees that any violation of any Weiland Policy by the Seller shall result in the range of actions described in Section 8.1.
17. Paid Advertising
17.1 Weiland provides keyword advertising ("Keyword Advertising") and other advertising services on its paid advertising websites, including participation in flash sales ("Flash Sale Advertising") (Keyword Advertising and Flash Sale Advertising are collectively referred to as "Paid Advertising") and other websites on an ongoing basis. Sellers may purchase Paid Advertising Services. Weiland provides Paid Advertising Services in accordance with these Terms of Service and any explanatory materials published on this Website, the paid advertising websites or otherwise provided in writing to Sellers (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising Services agree to be bound by the Paid Advertising Rules. If you do not agree to be bound by the Paid Advertising Rules, please do not purchase any Paid Advertising Services.
17.2 To purchase Paid Advertising Services, you must be a qualified Seller under the Paid Advertising Rules. Your Account shall not be suspended at the time you purchase the Paid Advertising Services and pay the fees.
17.3 You may purchase Paid Advertising Services by purchasing advertising credits ("Advertising Credits") on the paid advertising websites or other websites, and the fees payable for the Paid Advertising Services shall be deducted from the Advertising Credits in Weiland. All Advertising Credits are subject to value-added tax and shall expire six (1) months after purchase or such other time as determined by Weiland. Unless otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request a refund after purchasing the Advertising Credits and completing the payment process.
17.4 If your Advertising Credit balance falls below the amount you set (the "Minimum Advertising Credit Amount"), you may also choose to automatically recharge your Advertising Credits through your Seller Balance (the "Advertising Credit Recharge Function"). When activating the Advertising Credit Recharge Function, you may select the Minimum Advertising Credit Amount and the recharge amount, and agree to the deduction from your Seller Balance in accordance with Section 11 of these Terms of Service.
17.5 You may purchase Keyword Advertising Services when listing goods for sale or at a later time. When you purchase Keyword Advertising, you may set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The Keyword Advertising Service for each item shall be activated and shall expire on the corresponding date you set (the "Paid Advertising Period"). If an item is sold or delisted during the Paid Advertising Period you set for that item, you shall not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items. Advertising Credits shall not be refunded.
17.6 You may purchase Flash Sale Advertising Services within the time period specified by Weiland. When you purchase Flash Sale Advertising Services, you may specify the goods to be included in the flash sale, and Weiland may, in its sole discretion, include such goods in the flash sale. Once used, Advertising Credits cannot be transferred to other items, regardless of whether the item has been sold/unsold or delisted during the flash sale period. Advertising Credits shall not be refunded.
17.7 The goods you list on this Website must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Weiland has the right to immediately delete any listing that violates any of the above provisions, and any Paid Advertising fees you have paid or Advertising Credits you have used in connection with any listing deleted pursuant to this Section 17.7 shall not be refunded. Weiland shall also not be liable for any loss in connection with listings deleted pursuant to this Section 17.7.
17.8 You understand and agree that Weiland does not guarantee or warrant that the view count or sales volume of your goods will increase as a result of the Paid Advertising Services.
17.9 It is recommended that you purchase Paid Advertising Services only after fully considering your budget and expected advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Weiland shall not be liable for any compensation or assume any liability (including but not limited to actual expenses and loss of profits) for the results or expected results of any Paid Advertising Services.
17.10 Notwithstanding any provision in these Terms of Service, if a court of competent jurisdiction determines that Weiland is liable (including for gross negligence) in respect of any Paid Advertising Services, to the maximum extent permitted by applicable law, its liability to you or any third party shall be limited to the amount you paid for the relevant Paid Advertising Services.
17.11 For Sellers located in Switzerland, tax invoices for automatically recharged Paid Advertising may be obtained from the Seller Center.
18. Sale and Purchase of Alcoholic Beverages
18.1 Subject to the terms and conditions of this Section 18, Weiland allows the sale and purchase of alcoholic beverage products ("Alcoholic Beverages") on the Website. If you are a Buyer of Alcoholic Beverages (an "Alcohol Buyer"), you shall be deemed to have agreed to the terms and conditions in this Section 18 when you purchase Alcoholic Beverages on the Website. Similarly, if you are an approved Seller of Alcoholic Beverages (an "Alcohol Seller"), you shall be deemed to have agreed to the terms and conditions in this Section 18 when you sell Alcoholic Beverages on the Website.
18.2 If you are an Alcohol Buyer:
(i) you represent and warrant that you and, if applicable, the person who will receive the Alcoholic Beverages (the "Recipient") are at least 18 years of age;
(ii) you shall not request the delivery of Alcoholic Beverages to any public place (as defined in the Alcohol Control (Supply and Consumption) Act 2015, as amended from time to time);
(iii) if requested by the Alcohol Seller or Weiland (or its agent), you and/or the Recipient shall provide photo identification for age verification purposes.
18.3 If you are an Alcohol Seller, you represent and warrant that:
(i) you hold all necessary licenses and/or permits required to sell Alcoholic Beverages through this Website and shall immediately provide Weiland with copies of such licenses and/or permits and supporting documents for verification upon request;
(ii) all information and documents provided to Weiland are true and accurate.
18.4 When delivering Alcoholic Beverages to an Alcohol Buyer:
(i) the delivery agent reserves the right to request valid photo identification for age verification;
(ii) if the Alcohol Buyer and/or the Recipient appears to be intoxicated or fails to provide valid photo identification to verify age, Weiland (through the delivery agent) reserves the right to refuse to deliver the Alcoholic Beverages.
18.5 Each Alcohol Buyer and Alcohol Seller agrees to indemnify, defend and hold harmless Weiland and its shareholders, subsidiaries, Affiliates, directors, officers, agents, co-branders or other partners and employees (collectively referred to as the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorney's fees) incurred by any Indemnified Party arising out of or in connection with:
(a) any inaccuracy or breach of their representations in Section 18.2 and/or Section 18.3 (as applicable);
(b) their violation of any law or any right of a third party.
19. Transaction Fees
19.1 Weiland charges a fee ("Transaction Fee") for all successful transactions completed on this Website. The Transaction Fee shall be borne by the Seller and calculated as a percentage of the Buyer's Purchase Funds, rounded to the nearest cent. The Transaction Fee is subject to value-added tax ("Tax Amount"), and the Seller shall be responsible for such Tax Amount.
19.2 For Sellers located outside Switzerland, Weiland charges a fee ("Cross-Border Fee") for all successful transactions completed on the Website. The Cross-Border Fee shall be borne by the Seller and calculated in accordance with the rate notified to such Sellers on the Website from time to time.
19.3 Weiland charges an additional fee ("PayPal Fee") for all successful transactions completed on the Website where the Buyer selects PayPal as the payment method. The PayPal Fee shall be borne by the Seller and calculated in accordance with the rate notified to such Sellers on the Website from time to time. The PayPal Fee is subject to value-added tax ("PayPal Tax Amount"), and the Seller shall be responsible for paying such PayPal Tax Amount.
20. Overseas Supplier Registration
20.1 For Sellers located outside Switzerland who sell digital services falling within the scope of the Overseas Supplier Registration Regime ("Overseas Digital Service Sellers"), the supply of digital services to Buyers (i.e., individuals and unregistered businesses) is subject to tax ("OVR Amount"). If the Buyer is registered for value-added tax, the Buyer registered for value-added tax shall be responsible for providing Weiland and the Seller with its value-added tax registration number as evidence that it is indeed registered for value-added tax. With effect from 1 January 2023, the scope of the Overseas Supplier Registration Regime will be expanded to include non-digital services that can be provided and received remotely and low-value goods sold by Sellers from outside Switzerland.
20.2 Weiland shall withhold and promptly remit the appropriate OVR Amount to the Swiss tax authorities. Overseas Digital Service Sellers shall ensure that all applicable digital service sales taxes (if any) are properly applied. Overseas Digital Service Sellers shall cooperate and use their best efforts to provide Weiland with all necessary information to comply with the applicable tax requirements under the Overseas Supplier Registration Regime. With effect from 1 January 2023, the scope of the Overseas Supplier Registration Regime will be expanded to include non-digital services that can be provided and received remotely and low-value goods sold by Sellers from outside Switzerland.
21. Disputes
21.1 In the event of any problem with a transaction, it shall be resolved in accordance with Weiland Policies.
21.2 Each Buyer and Seller undertakes and agrees that they will not institute legal proceedings or otherwise assert any claim against Weiland or its Affiliates (unless Weiland or its Affiliates is the Seller of the product in connection with the claim) in respect of any transaction, this Website or any dispute arising out of or in connection with such transaction.
21.3 Users covered by Weiland Guarantee may send a written request to Weiland to assist them in resolving problems arising from a transaction. Weiland may, in its sole discretion, take all necessary measures to assist Users in resolving disputes without any liability to the Buyer or the Seller. For more information, please refer to the Weiland Refund and Return Policy.
21.4 For the avoidance of doubt, the services provided pursuant to this Section 21 are only available to Buyers covered by Weiland Guarantee. Buyers who purchase using other payment methods shall contact the Seller directly.
22. Feedback
22.1 Weiland welcomes information and feedback from our Users, which will enable Weiland to improve the quality of the Services provided. Please refer to the feedback process below for more information:
(i) Feedback may be submitted in writing via email or using the relevant feedback form.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback shall be fully informed of all facts and given the opportunity to present their reasons.
(iv) Vague and defamatory feedback will not be entertained.
23. Disclaimer
23.1 The Services are provided "as is", and Weiland makes no express, implied or statutory warranties, claims or representations regarding the Services, including but not limited to warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor are there any warranties arising from a course of dealing, course of performance or trade usage. Without limiting the foregoing, to the maximum extent permitted by applicable law, Weiland does not warrant that the Services, this Website or the features contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects (if any) will be corrected, or that this Website and/or the server(s) providing the Website are free of viruses, clocks, timers, counters, worms, software locks, deadlocks, Trojan horses, routes, trapdoors, time bombs or any other harmful code, instructions, programs or components.
23.2 You acknowledge that, to the maximum extent permitted by applicable law, all risks arising from the use or performance of this Website and/or the Services shall be borne by you.
23.3 Weiland cannot control and, to the maximum extent permitted by applicable law, does not guarantee or assume any liability for: (A) the suitability of the purpose, existence, quality, safety or legality of the goods provided through the Services; or (B) the ability of Sellers to sell goods or Buyers to pay for goods. If a dispute involves one or more Users, such Users agree to resolve such dispute directly between themselves and, to the maximum extent permitted by applicable law, release Weiland and its Affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.
24. Exclusion and Limitation of Liability
24.1 To the maximum extent permitted by applicable law, under no circumstances shall Weiland be liable, whether in contract, warranty, tort (including but not limited to negligence (whether active, passive or imputed), product liability, strict liability or other theories), or for any other legal, equitable, statutory or other cause of action:
(i) for (A) loss of use; (B) loss of profits; (C) loss of revenue; (D) loss of data; (E) loss of goodwill; or (F) failure to achieve anticipated savings, whether direct or indirect;
(ii) for any indirect, incidental, special or consequential damages arising out of or in connection with the use of or inability to use this Website or the Services, including but not limited to any damages caused thereby, even if Weiland has been advised of the possibility of such damages.
24.2 You acknowledge and agree that if you have any problems with or are dissatisfied with the Services, your sole remedy is to request the termination of your Account and/or cease using any Services.
24.3 Notwithstanding the above provisions, if a court of competent jurisdiction determines that Weiland is liable (including for gross negligence), to the maximum extent permitted by applicable law, its liability to you or any third party shall be limited to the lesser of:
(A) any amount payable to you under Weiland Guarantee;
(B) $100 (one hundred US dollars).
24.4 Nothing in these Terms of Service shall limit or exclude any liability for death or personal injury caused by Weiland's negligence, fraud or any other liability that cannot be legally limited and/or excluded by Weiland.
25. Third-Party Website Links
25.1 Third-party links provided on this Website will take you away from this Website. These links are provided for reference only, and the websites to which they link are not controlled by Weiland in any way, so you access them at your own risk. Weiland is not responsible for the content of any such linked websites or any links contained in linked websites, including any changes or updates to such websites. Weiland provides these links only for convenience, and the inclusion of any link does not imply or expressly indicate any affiliation, endorsement or sponsorship by Weiland with any linked website and/or any of its content.
26. Your Contributions to the Services
26.1 By submitting Content for inclusion in the Services, you represent and warrant that you have all necessary rights and/or licenses to grant the following license to Weiland. You further acknowledge and agree that you bear full responsibility for any Content you post or otherwise provide on or through the Services, including but not limited to the accuracy, reliability, nature, licensing of rights, legal compliance and legal restrictions related to any Content contribution. You hereby grant Weiland and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works, publicly display and publicly perform such Content contributions on, through or in connection with the Services in any media format and through any media channel, including but not limited to promoting and redistributing part of the Services (and derivative works thereof) without attribution, and you agree to waive any moral rights (and any similar rights anywhere in the world) in this regard. You understand that your contributions may be transmitted through various networks and modified to conform to and adapt to technical requirements.
26.2 Any Content, materials, information or ideas you post on or through the Services or transmit to Weiland in any way (collectively referred to as "Submissions") shall not be considered confidential by Weiland, and Weiland may disseminate or use them for any purpose without compensation or liability to you, including but not limited to the development, manufacture and marketing of products. By submitting to Weiland, you acknowledge and agree that Weiland and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements thereof that are identical or similar in function, code or other features to the ideas set forth in your Submissions to Weiland. Therefore, you hereby grant Weiland and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop the aforementioned items, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works, publicly display and publicly perform any Submissions on, through or in connection with the Services in any media format and through any media channel, including but not limited to promoting and redistributing part of the Services (and derivative works thereof). This provision does not apply to personal information subject to our Privacy Policy, unless you disclose such personal information publicly on or through the Services.
27. Third-Party Contributions to the Services and External Links
27.1 Each contributor of data, text, images, sounds, videos, software and other Content Services shall bear full responsibility for the accuracy, reliability, nature, licensing of rights, legal compliance and legal restrictions of their Content contributions. Therefore, Weiland is not responsible for and shall not regularly monitor or check the accuracy, reliability, nature, licensing of rights, legal compliance and legal restrictions related to any Content contribution. You shall not hold Weiland responsible for any acts or omissions of any User, including but not limited to the Content they post or otherwise provide through the Services.
27.2 In addition, the Services may contain links to third-party products, websites, services and offers. These third-party links, products, websites and services are not owned or controlled by Weiland. Instead, they are operated by respective third parties and are the property of such third parties, and may be protected by applicable copyright or other Intellectual Property Rights laws and treaties. Weiland has not reviewed the content, functions, security, services, privacy policies or other practices of these third parties and shall not be liable therefor. We encourage you to read the terms and other policies published by such third parties on their websites or elsewhere. By using the Services, you agree that Weiland shall not be liable in any way for your use of or inability to use any website or widget. You further acknowledge and agree that if a third-party link or application violates these Terms of Service, Weiland may prohibit you from using or delete any third-party link or application on the Services.
28. Your Representations and Warranties
You represent and warrant that:
(a) you have the legal capacity (if you are a minor, you must have the consent of a valid parent or legal guardian), right and ability to sign these Terms of Service and comply with its terms;
(b) you will use the Services only for legal purposes and in accordance with these Terms of Service and all applicable laws, rules, guidelines, directives, standards, policies and regulations.
29. Fraudulent or Suspicious Activities
If Weiland, in its sole discretion, believes that you may be involved in any potential fraudulent or suspicious activities and/or transactions, we may take various measures to protect Weiland, other Buyers or Sellers, other third parties or you from chargebacks, disputes, fees, fines, penalties and any other liabilities. The actions we may take include but are not limited to the following:
(a) we may close, suspend or restrict your access to your Account or the Services, and/or suspend the processing of any transactions;
(b) we may suspend your eligibility for Weiland Guarantee;
(c) we may hold, apply or transfer funds in your Account as required by judgments and orders affecting you or your Account, including judgments and orders issued by courts in Switzerland or elsewhere against Weiland;
(d) we may refuse to provide you with Services now and in the future;
(e) we may hold your funds for such time as is reasonably necessary to prevent the risk of liability to Weiland or third parties, or if we believe you may be engaged in potential fraudulent or suspicious activities and/or transactions. For the purpose of this Section:
"Chargeback" means a request by a Buyer directly to their debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Dispute" means a challenge to a payment submitted directly to Weiland by a Buyer or Seller.
"Reversal" means the revocation of a payment by Weiland because (a) it was invalidated by the sender's bank, (b) Weiland sent it to you in error, (c) the sender of the payment was not entitled to send the payment (e.g., the sender used a stolen credit card), (d) you received the payment in connection with activities that violate these Terms of Service or any other Weiland Policy, or (e) Weiland decides to assert a claim against you.
30. Indemnification
You agree to indemnify, defend and hold harmless Weiland and its shareholders, subsidiaries, Affiliates, directors, officers, agents, co-branders or other partners and employees (collectively referred to as the "Indemnified Parties") from and against any and all claims, lawsuits, proceedings and actions, and all related liabilities, damages, settlements, fines, penalties, costs and expenses (including but not limited to any other dispute resolution costs) incurred by any Indemnified Party arising out of or in connection with: (a) any transaction conducted on this Website, or any dispute arising out of or in connection with such transaction (unless Weiland or its Affiliates is the Seller of the product in connection with the dispute), (b) Weiland Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Weiland, (d) your breach or violation of any term of these Terms of Service or any policy or guideline referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any right of a third party, or (g) any Content you upload.
31. Severability
If any provision of these Terms of Service is deemed illegal, invalid or unenforceable under the laws of any jurisdiction for any reason, such provision shall be deemed separable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions in that jurisdiction, or the validity and enforceability of such provision under the laws of any other jurisdiction.
32. Governing Law
These Terms of Service shall be governed by and construed in accordance with the federal laws of Switzerland, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, to the extent applicable, are expressly excluded. Unless otherwise provided by applicable law, any dispute, controversy, claim or difference of any kind arising out of or in connection with these Terms of Service or against Weiland or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Switzerland in accordance with the Arbitration Rules of the Swiss Chambers' Arbitration Institution in effect at that time, which are deemed to be incorporated by reference into this Section. There shall be one (1) arbitrator, and the language of the arbitration shall be English.
33. General Provisions
33.1 Weiland reserves all rights not expressly granted herein.
33.2 Weiland may modify these Terms of Service at any time by posting the revised Terms of Service on this Website. Your continued use of this Website and/or acceptance of any Services (including, for the avoidance of doubt, Weiland's continued provision of an Account to you) after such changes are posted shall constitute your acceptance of such revised Terms of Service.
33.3 You may not assign, sublicense or transfer any rights granted to you under this Agreement or subcontract any of your obligations.
33.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or agency relationship between you and Weiland, nor shall it authorize you to incur any expenses or liabilities on behalf of Weiland.
33.5 The failure of Weiland to require performance of any provision of this Agreement at any time shall not affect its right to enforce such provision at a later time, unless such provision is waived in writing.
33.6 These Terms of Service are for the benefit of you and us only, and not for the benefit of any other person or entity, except for Weiland's Affiliates and subsidiaries (and their respective successors and assigns).
33.7 The terms set forth in these Terms of Service and any agreements and policies contained in or referenced in these Terms of Service constitute the entire agreement and understanding between the Parties with respect to the Services and the Website, and supersede any prior agreements or understandings between the Parties with respect to such subject matter. The Parties also hereby exclude all implied terms in fact. In entering into the agreement constituted by these Terms of Service, the Parties have not relied on any statements, representations, warranties, understandings, promises, covenants or guarantees made by any person other than as expressly set forth in these Terms of Service. Each Party irrevocably and unconditionally waives all claims, rights and remedies that it may have had in respect of any of the foregoing without this Section. These Terms of Service shall not be contradicted, interpreted or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
33.8 You agree to comply with all applicable laws, regulations, rules and guidelines relating to anti-bribery and anti-corruption, including but not limited to the UK Bribery Act, the US Foreign Corrupt Practices Act and the Swiss Federal Act on Combating Corruption, and confirm that you have established and shall maintain all policies and procedures necessary to ensure compliance with such requirements.
33.9 If you have any questions or concerns about these Terms of Service or any matters raised in these Terms of Service or on the Website, please contact our customer service team. Legal Notices: Please send all legal notices to weiland.commerce@gmail.com, marked "General Counsel". I have read this Agreement and agree to all the above terms and any subsequent revisions.
Last Updated: February 26, 2025