Released/Updated on: 1/1/2023

POIZON’s Instructions to Registered Sellers

POIZON’s Instructions to Registered Sellers (the “Agreement”) are made and entered into by and between you (or “seller”) and POIZON GLOBAL Limited (“we” or “POIZON”). This Agreement forms an integral part of and becomes effective at the same time as POIZON’s User Service Agreement (“User Service Agreement”). If you click “Agree” to the User Service Agreement, it means that you also agree to the content of this Agreement as an individual seller on POIZON.

You are expected to carefully read through all terms and conditions of this Agreement before accepting the Agreement, especially the clauses regarding exemption, limitation of liability, applicable laws and settlement of disputes and other underlined clauses in bold. By clicking the “I Agree” button, you agree to access POIZON and be bound by this Agreement. If you have any questions about the terms of the Agreement, please contact us using the customer service email made available on POIZON, and we will explain the terms to you. If you disagree with the contents of the Agreement, please stop using the website. You will be deemed to have accepted the terms of the Agreement by your continued use of the website. The Agreement shall come into force as of the date you accept the Agreement. The User Agreement, Service Charge or Transaction Rules, Privacy Policy and other relevant terms published on POIZON governing the seller’s rights and obligations shall have equal binding force with the Agreement.

You should ensure that you have full capacity for civil rights and full capacity for civil conduct all along during the use of this service and payment process, and have actual capacity to sign and perform the rights and obligations set out in this Agreement. If you do not have full capacity for civil conduct due to factors such as age or intelligence, please read and decide whether to agree the terms and conditions of this Agreement in the company of your legal guardian (the “Guardian”). In such case, you should obtain the express consent of your guardian for the use of our services; otherwise, we have the right to refuse to provide services to you, and you or your guardian shall be responsible for any disputes or losses arising therefrom.

I. Becoming a qualified seller on POIZON

1.1 The following conditions shall be satisfied before you register with POIZON for transferring or selling commodities:

(1) You are over 18 years of age and able to bear the legal liability of the Agreement independently;

(2) You’ve successfully bound your PayPal account;

(3) You’ve agreed and accepted the Agreement and other agreements and rules of POIZON;

(4) The commodities you intend to sell are purchased from legal sources, comply with relevant laws and regulations and do not infringe the legitimate rights and interests of any third party.

1.2 You will be registered as an individual seller after passing our examination of your identify as an individual seller.

II. Seller’s Rights and Obligations

2.1 Pre-authorization deposit. You have the right to transfer or sell commodities on POIZON if you’ve registered with POIZON as an individual seller and hold sufficient pre-authorization deposit (see the specific amount below).

2.2 POIZON service charge. You shall pay to POIZON the service charges (as specified below) when selling commodities. In case of any inconsistency in the amount as specified below and the specific POIZON charges, the specific amount is subject to that displayed on the price page. You are entitled to discounts at a certain rate, depending on the volume of transaction. The specific discount and implementation policies are subject to the rules posted on POIZON.

Please note that the “pricing” referred herein shall mean the process where the seller sets a price on the products designated for sale, and publicize it on POIZON, and accepts the confirmation and payment of the buyer on POIZON.

2.3 Use of your account. You shall properly keep your account ID, password and other confidential information for logging into POIZON. In case of information leakage or password loss, you shall forthwith contact POIZON customer service for loss reporting. All your operations on POIZON after logging in your account shall comply with the provisions of applicable laws, regulations, policies and decrees, as well as the terms and conditions of the Agreement and relevant rules. The aforesaid operations shall be deemed as your acts, for which you are solely liable.

2.4 Submission of information. You shall provide POIZON with true, legal, accurate and valid registration data, third-party payment account and consignee information, and guarantee the validity and security of the information provided. POIZON can contact you using the contact details you have reserved with us. Meanwhile, you are also obliged to update the relevant data or inform us in a timely manner in the event of material changes to the relevant data or information.

2.5 Scope of prohibited sales. You shall present and warrant that the commodities you intend to sell are purchased from legal sources and are not those that are explicitly prohibited or restricted from selling in the jurisdiction of applicable laws, and you have the right to sell them without infringing the legitimate rights and interests of any third party; otherwise, you will bear corresponding legal and compensation liabilities. You shall keep the certificates testifying legal source of commodities, and present the same as requested by POIZON or competent government departments.

2.6 Timely delivery. You shall ship the commodities of such quantity at such time and in such manner as may be specified in the order. In case of inaccurate or missed delivery, the relevant expenses incurred shall be borne by you. Provided that you fail to deliver the commodities as scheduled or the items you deliver have any defects, POIZON reserves the right to limit your rights as a seller and deduct your deposit.

2.7 Guarantee of trading order. You shall conduct transactions by using our service in good faith, ensure that the product and/or service information you post is true, consistent with the actual product and/or service you are selling, and earnestly fulfill your commitments to transaction in the trading process. Meanwhile, you shall maintain a good order in the Internet trading market. In no circumstance shall you commit unfair competition behaviors in the process of transaction, disturb the normal order of online transaction, and engage in any irrelevant acts.

2.8 No concealing. In no event shall you conceal any circumstances having the potential to cause risks to POIZON, including but not limited to product design defects, quality defects, rights disputes, material breach of contract, uploading data that contain viruses and Trojans, etc. In case of such circumstances affecting the goodwill, normal transfer and safety of POIZON, we reserve the right to terminate the Agreement and investigate the corresponding responsibilities.

2.9 Performance by the Agreement. You know and agree that your confirmation and pricing of the product to be sold on POIZON shall mean that you have made a binding offer and you agree to sell the product designated by you to the buyers on POIZON. If a buyer registered with POIZON is willing to purchase the designated product at your price through our service, the sales contract between you and the buyer is concluded, and you are required to deliver the same product to the buyer at the agreed price in accordance with law. Your act of selling on POIZON represents your true intention. You shall undertake the corresponding legal responsibility for your act. Once the product you sell is ordered, you have no right to cancel the order for any reason.

2.10 Paying tax in accordance with law. You shall declare and pay the taxes to competent taxation department in full as prescribed by relevant laws and regulations in the jurisdiction of applicable laws. If you fail to pay the taxes in full, thus causing any loss to us, we are entitled to limit your rights as a seller and freeze your payment.

2.11 Consumer protection. You understand and agree that, as the liability subject for consumer protection, you shall fulfill your obligations for consumer protection in compliance with the relevant laws and regulations in the jurisdiction of applicable laws, especially the provisions on commodity sales and consumer protection, and the provisions of the User Service Agreement, including basic consumer protection services, such as truthful descriptions of commodities, payment of deposits, subject to relevant legal provisions associated service agreements and rules.

III. POIZON’s Rights and Obligations

3.1 Given the particularity of online trading platform, POIZON identifies the relevant contents based on the knowledge level standard of ordinary non-professional personnel. If we establish that these contents or behaviors are illegal or improper, or detect any problem or defect with the registration data or trading behavior, POIZON has the right to send you a notice for inquiry or requesting your correction, and limit your rights or suspend providing services to you as needed. If the product price or other information displayed is incorrect or obviously unreasonable due to typographical error or information error, POIZON has the right to cancel the order with such incorrect or obviously unreasonable price or information. And we also reserve the right to recover the loss incurred to POIZON and others resulting from your fault.

3.2 You agree to authorize POIZON to disclose your personal seller information and relevant order information to the counterparty and competent government departments in case of disputes arising between you and any third party in association with commodity transactions.

3.3 If you act against the seller’s obligations and the relevant agreements and rules of POIZON, we reserve the right to take corresponding measures, including but not limited to suspending all of part of services, closing transaction orders, blocking POIZON account, banning sales, freezing funds, deducting deposit, and we have the right to take further legal actions.

3.4 POIZON has the right to charge you the platform service fees based on the services provided for you, or change the operator providing services to you depending on the business adjustment. The new operator will render services to you in line with the obligations hereunder, and the above changes will not affect your rights and interests under the Agreement. In case of any dispute, you can confirm the subject in dispute according to the specific service used and the object that affects your rights and interests.

IV. Seller’s Service Charges

4.1 POIZON service charge and payment service charge.

The sellers are charged by POIZON and the third-party payment agencies (denominated in HK dollars) selected by the sellers as follows:

1. POIZON service charge: 5% of Commodity Price

2. Payment service charge: 1% of Commodity Price

3.Seller Fee charge：

HK

Operation service fee:（HKD)

-Shoes:55HKD

-Beauty&personal Care:50HKD

-Other categories(not the above categories):61HKD

TW, Macao

Operation service fee:（USD)

-Shoes:7USD

-Beauty&personal Care:6USD

-Other categories(not the above categories):8USD

You are clearly aware and agree that POIZON service charge is paid to POIZON, and the payment service charge is paid to the third-party payment agency entrusted by you. The rate standard is subject to change based on the actual situation of POIZON or any third-party payment agency. The rules announced/updated by POIZON or any third-party shall be followed.

4.2 Settlement

The buyer’s payment is expected to be credited to your beneficiary account within five (5) working days upon commodity acceptance. In case of beneficiary account information error, bank system upgrading, Force Majeure and other circumstances, the settlement date will be postponed accordingly until such circumstances are effectively dealt with.

For your products that have passed the inspection on the same day, you can check the total amount to be received in Seller Center-Bill Management on POIZON on the next day. POIZON will credit the payment due to you to your beneficiary account within the aforementioned period as agreed by both parties.

4.3 Freight, inspection service fee and other expenses.

(1) You shall bear the freight for your products, including but not limited to the international transport charge for the delivery of the products to designated receiving address on POIZON, all customs, duties, taxes and any other related expenses.

(2) The POIZON service charge you have paid is inclusive of the third-party inspection service fee. However, please note that in case of cancellation/closing of the order for your personal reasons (including but not limited to failure to pass the product inspection, product quality problems) and other circumstances, causing POIZON to send back the products to you, you shall bear the commodity inspection service fee and packaging service fee among others (i.e. POIZON Service Charge), as well as the cost for express and logistics services incurred by the return, and POIZON is entitled to make a deduction directly from your security deposit accordingly. The specific rate standard is as follows:

POIZON service charge:

5% of commodity price

You understand and agree that the rate standard is subject to change based on the actual situation of POIZON or any third-party courier or logistics company. The rules announced/updated by POIZON or any third-party courier or logistics company shall be followed.

V. Security Deposit

5.1 You agree to pre-authorize / refund the security deposit in accordance with the Agreement and the rules of POIZON, and the security deposit will be used to restrict your performance of this Agreement.

5.2 Standard of security deposit

(1) POIZON will freeze the credit card tied to your third-party payment account with a pre-authorization amount equal to [5%] of the product price as a security deposit (currency: HK$) when you price your products to guarantee your transaction performance.

(2) If you do not pre-authorize the security deposit in full, you will not be able to price or sell products. The security deposit will be unfrozen provided that your products have been delivered on time and passed our inspection, and you have not violated applicable laws and regulations and our rules.

5.3 POIZON has the right to deduct the security deposit in full and reserves the right to stop providing services to you, if you:

(1) violate applicable laws, regulations, policies, the Agreement, our rules or other commitments made by you, causing damage to the POIZON;

(2) POIZON may directly deduct the full amount of the frozen security deposit as liquidated damages if you fail to deliver products before the required delivery time, make a fraudulent delivery, or deliver products which have a style, size or color matching that is inconsistent with that stipulated in POIZON;

(3) POIZON may directly deduct the full amount of the frozen security deposit if you provide products that do not meet the requirements of POIZON or fail to pass our inspection;

(4) POIZON has right to directly deduct the full amount of the frozen security deposit as liquidated damages if you violate the Agreement, our rules or other applicable laws and regulations, or infringe on the legitimate rights and interests of POIZON, and fail to correct such violation within a reasonable period required by POIZON, or such violation cannot be corrected;

(5) If your security deposit cannot be deducted successfully, then POIZON reserves the right to continue to dun for the security deposit from you.

VI. Product Price and Delivery

6.1 Commodity pricing

(1) Individual sellers may, at their own discretion, determine their product prices on POIZON, and POIZON will not interfere with the prices.

6.2 Delivery period

(1) You shall pack the products and deliver to the designated location on POIZON within [48] hours after the order is generated, and you are required to fill in the delivery information and the courier number in the background of POIZON.

(2) You shall select a logistics company designated by POIZON for delivery, including SF Express (SF), and select the payment mode of “Paid by Shipper”. Other non-designated couriers and the payment mode of “Paid by Consignee” are not acceptable by POIZON. In case of any change to the logistics company by POIZON, the related notice displayed on the delivery page shall prevail.

(3) Please note that: If the delivery information you upload does not generate a collection record within 24 hours, it will be regarded as a fraudulent delivery, unless the logistics company has issued a written certificate evidencing the collection failure.

VII. Inspection of Products

7.1 Before sending your products to POIZON for inspection, please carefully check the conditions of the products to ensure that they do not have the following defects. POIZON will inspect your products according to the following inspection standards:

Non-watch products:

(1) The products have such quality defects as obvious oxidation, glue failure, cracking, stains, scratches, dyeing, damage, wear;

(2) The name, style number, color number, size and other specifications of the physical products are inconsistent with the order information;

(3) The products do not match the outer box (outer packaging) and accessories;

(4) The products have missing accessories, including but not limited to insoles, box covers and tags;

(5) The products have been markedly worn or used;

(6) The products are counterfeit or inferior.

Watch products:

(1) The products have such quality defects as obvious oxidation, scratches, stains, bumps, wear, missing parts and accessories;

(2) The name, brand series, outer packaging, model, color and other specification of physical products are inconsistent with the order information;

(3) The products do not match the outer box (outer package) or accessories;

(4) The products have missing or mismatched accessories, including but not limited to watch cases, manuals and tags;

(5) The outer package is damaged, severely creased or torn;

(6) The products have functional problems such as abnormal function debugging, malfunction, inaccurate timing of mechanical watches, dead battery of quartz watches, and non-linked pointers;

(7) The products have been markedly worn or used;

(8) The products are counterfeit or inferior;

(9) The products are obviously suspected of not conforming to the manufacturing process and configuration of its original manufacturer.

7.2 To ensure the product quality, we may entrust a third-party inspection service provider to unpack and inspect the product, and the product will be repackaged and delivered to the buyer after passing the inspection.

7.3 If your product is finally determined by us to fail the inspection, POIZON has the right to close the order and return the product to you by express delivery with the freight to be paid by consignee; all freight, possible customs clearance fees and taxes and other expenses shall be borne by you.

VIII. Purchase Rules

8.1 Sellers may match purchase orders initiated by buyers through the Cash Now channel.

You shall pack the products and deliver to the designated location on POIZON within [48] hours after the purchase order is generated, and you are required to fill in the delivery information and the courier number in the background of POIZON.

IX. Termination

9.1 Termination

[Termination by the seller] You have the right to terminate this Agreement by any of the following means:

(1) You close your account through our self-service portal when you meet the account cancellation conditions announced on POIZON;

(2) You stop using our service and expressly state your unwillingness to accept the changes before such changes take effect;

(3) You expressly state your unwillingness to continue using our seller service and meet POIZON’s conditions for termination.

[Termination by POIZON] In any of the following circumstances, POIZON may terminate the Agreement by a written or oral notice to you:

(1) POIZON will terminate this Agreement in accordance with the breach clause for you violate the provisions of this Agreement, the User Service Agreement, and related policies and terms;

(2) POIZON will seize your account in accordance with our rules for you embezzle the account of anyone else, post prohibited information, defraud money and property of others, sell counterfeit products, disrupt market order, seek profits by illegitimate means;

(3) In addition to the above circumstances, POIZON will seize your account in accordance with our rules for you have violated relevant rules of POIZON and the circumstances are serious;

(4) You have committed fraud, publish or sell counterfeit or inferior/infringing goods, infringe on the legitimate rights and interests of others, or commit other serious violations of the law;

(5) Other circumstances where the service should be terminated.

9.2 Processing after termination of the Agreement

(1) After the termination of this Agreement, POIZON remain entitled to the rights: to continue saving all information that you keep on POIZON to the extent permitted by law, and hold you accountable for past default in accordance with this Agreement for your past breaches of contract.

(2) Upon termination of this Agreement, for any order generated during the duration of this Agreement, POIZON can notify the buyer and decide whether to close the order based on the buyer’s wishes; if the buyer requests continuing the performance of the said order, you should continue performing this Agreement and the same order as agreed, and bear any losses or any additional costs arising therefrom.

X. Miscellaneous

10.1 Governing law and jurisdiction. The execution, performance, effectiveness, interpretation and settlement of disputes of the Agreement shall be governed by the laws of Hong Kong Special Administrative Region of People’s Republic of China. Any disputes arising from or in connection with execution and performance of the Agreement shall be settled by the Parties through negotiations. If no agreement can be reached, the Parties agree to refer the issue in dispute to Hong Kong International Arbitration Center (HKIAC), China International Economic and Trade Arbitration Commission for arbitration in accordance with the HKIAC arbitration rules then in effect. The arbitration shall be conducted in Chinese in Hong Kong. The arbitration award shall be final and binding upon the Parties.

10.2 Severability. Any clause hereof deemed to be annulled, invalidated or unenforceable shall be deemed severable and shall not prejudice the validity and enforceability of the any other clauses of this Agreement.

10.3 This Agreement is drafted and announced by POIZON, and forms an integral part of the User Service Agreement. POIZON has the right to change and modify this Agreement, and enforce it after giving a notice to you by updating and other means. If you disagree with the changes that have become effective, you should stop using POIZON’s seller services from the date when the changes become effective, and the changes will not affect you; if you continue to use POIZON’s seller services after the changes become effective, it is deemed that you have agreed to the said changes.

10.4 If you have any questions, complaints, comments and suggestions about this Agreement, you are welcome to contact us and give feedbacks through the following contact information; we are very glad to answer your questions.

Email: customer@poizon.com