Termos and Conditions:
1.1 – These terms and conditions govern the sale of Products and provisions of services by Victorious Megastore and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller.
These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given.
Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions.
Victorious Megastore failure to object to conflicting or additional terms will not change or add to the terms of this agreement.
Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
1.2 – The Services offered and provided by Victorious Megastore include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Involved Parties”), intermediating and connecting the Involved Parties so that they can engage commercially (“Platform”). Payment and payment account management services are provided by Stripe and Paypal, under their sole responsibility and in accordance with applicable law, not to be confused with the technological intermediation services performed by Victorious Megastore as an internet application provider, under Japanese Federal Law. Therefore, the technological Services provided through the Platform to its Users are limited to the intermediation and connection between Buyers and Sellers, which means that the actual sales contract is directly between the Buyer and the Seller. Victorious Megastore is not a party to this or any other agreement between Buyer and Seller and is not responsible for it. The parties involved in this transaction are entirely responsible for the sales contract between themselves, advertisement of goods, purchase guarantee and the like. Victorious Megastore is not involved in the transaction between Users. Victorious Megastore may or may not pre-screen Users, Content or information provided by Users. Victorious Megastore reserves the right to remove any Content or information posted by you to the Site in accordance with Section 6.4 of this document. Victorious Megastore cannot guarantee that Users will actually complete the transaction.
1.4 – Victorious Megastore reserves the right to change, modify, suspend or terminate all or any part of this Site or Services at any time or upon notice as required by local laws. Victorious Megastore may release certain Services or its features in beta version, which may not work correctly or in the same way that it will work in the final version, and we will not be responsible in these cases. Victorious Megastore may also impose limits on certain features or restrict your access to parts of it or to it as a whole, the Site or the Services in its sole discretion and without notice or liability.
1.5 – Victorious Megastore reserves the right to suspend your access to the Site, Services or opening an account if it determines, in its sole discretion, that providing you with such access or opening an Account may lead to a violation of these Terms of Service and/ or applicable laws and regulations.
BY USING THE VICTORIOUS MEGASTORE SERVICES OR OPENING AN ACCOUNT, YOU AGREE AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS FOR OPENING THE STRIPE AND PAYPAL PAYMENT ACCOUNT AND OTHER POLICIES, RULES AND ATTACHED TO THIS AGREEMENT SERVICE).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER 12 OR UNDER THE LEGAL AGE TO GIVE CONSENT TO THE TERMS BELOW FOR APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST OBTAIN PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT, AND THIS PARENT OR LEGAL GUARDIAN SHALL AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DON’T KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DON’T UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED FOR HELP 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 HIS BEHALF, AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USED IN THIS ACCOUNT, WHETHER THE ACCOUNT IS ALREADY OPEN CURRENTLY OR CREATED LATER.
(ii) you agree and acknowledge that the ownership rights of your User Information, except data that are deemed to be personal, are jointly owned by you and Victorious Megastore; and
(iii) shall not, directly or indirectly, disclose your User Information to third parties, or otherwise allow third parties to access or use your User Information without the prior written consent of Victorious Megastore.
2.2 – Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) agree that: (i) they will comply with all applicable personal data protection laws with respect to such data; (ii) allow the User whose personal data has been collected (the “Disclosure Party”) by the Receiving Party to remove its collected data from the Receiving Party’s database; and (iii) will allow the Disclosing Party to review what information has been collected about it by the Receiving Party in each of the cases (ii) and (iii) above, in accordance with applicable laws and wherever such information is required.
3.1 – Victorious Megastore grants you a limited, revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are owned by Victorious Megastore and, where applicable, by third parties identified on the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest in the Site. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, adapt, rent, sell or create derivative works from any part of the Services, the Site or its Content. You may also not, without our prior written consent, mirror or frame any part or the entire content of this Site on any other server or as part of any other site. In addition, you agree that you will not 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 to be granted for the standard search engine technology employed by Internet search sites to direct Internet users to this site).
3.2 – You may link to the Site from your site, provided your site does not imply any endorsement or association with Victorious Megastore. You acknowledge that Victorious Megastore may, in its sole discretion and at any time, terminate the provision of the Services, either in part or as a whole, without notice.
4.1 – Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Victorious Megastore reserves all rights to the software expressly not granted by it below. Any third party scripts or code linked or referenced from the Services are licensed to you by third parties who own such scripts or code and not by Victorious Megastore.
5.2 – You agree to (a) keep your password confidential and use your user ID and password only when logging in, (b) ensure that your account is logged out at the end of each session on the Site, (c) notify immediately to Victorious Megastore 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 are fully responsible for all activities that occur under your User ID and Account, even if such activities or uses were not made by you. Victorious Megastore will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
5.3 – You agree that Victorious Megastore may, for any reason, in its sole discretion and with or without notice or liability to you or third parties: immediately terminate your account and your User ID, remove or discard from the Site any associated content to your account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your account and User ID, temporarily, or in more critical cases permanently, retain any sales proceeds or refunds, and/or take any other actions you deem necessary. Reasons for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) figurative or literal violation of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening behavior or abusive (d) having multiple user accounts, (e) purchasing products on the Site for commercial resale purposes, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) abuse of coupons (including , among others, selling coupons to third parties, marketing coupons or other types of credits with a value significantly higher than their face value and/or abnormal or excessive use of coupons on the Site), or (h) behavior that is harmful to other Users, third parties or the commercial interests of Victorious Megastore. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice. If a legal dispute arises or if law enforcement action is initiated relating to your Account or your use of the Services for any reason, Victorious Megastore may immediately terminate your Account with or without notice.
5.4 – Users may terminate their accounts at any time simply by formally informing Victorious Megastore in writing (including via email firstname.lastname@example.org) of their desire to do so. Regardless of account termination, Users remain responsible for any incomplete transactions (initiated before or after such termination), product shipment, payment for the product and the like, and Users must contact Victorious Megastore after he or she promptly and effectively executed and completed all incomplete transactions in accordance with the Terms of Service. Victorious Megastore is not responsible for any damages incurred due to actions taken in accordance with this Section. Users waive any and all claims based on any action taken by Victorious Megastore.
5.5 – You may only use the Services and/or open an Account if you are located in one of the approved countries, as updated periodically.
6.1 – The license to use this Site and the Services is valid until terminated. This license will terminate as provided under these Terms of Service or if you fail to comply with any of its terms or conditions. In such event, Victorious Megastore may effect such termination with or without notice.
6.2 – You agree not to:
(a) upload, post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of someone’s privacy, hateful, either racially/ethnically or otherwise objectionable;
(b) violate any law, including, without limitation, any laws and regulations relating to import and export restrictions, third party rights, or our Restricted and Prohibited Products Policy;
(c) 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 affiliation with a person or entity;
(e) forge headers or manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works or translation of the Services without the express permission of Victorious Megastore;
(h) use the Services for the benefit of third parties or in any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a fraudulent, unscrupulous, false or misleading manner;
(j) open and/or operate multiple accounts in connection with any conduct that figuratively or literally violates these Terms of Service;
(k) access the Victorious Megastore platform, open a user account or otherwise access your user account using any equipment or application not authorized by Victorious Megastore, including but not limited to emulators, simulators, robots (bots ) or other similar hardware and software.
(l) manipulate the price of any item or interfere with other Users’ advertisements;
(m) carry out actions that may circumvent the feedback and evaluation system;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any part thereof), or to defeat or override any encryption technology or security measures implemented by Victorious Megastore in connection with the Services and/or transmitted, processed data or stored by Victorious Megastore;
(o) collect or collect any information about or about other Account holders, including, without limitation, any information or personal data;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have the right to make available under any law or contractual or fiduciary relationships (such as privileged information, proprietary or confidential information discovered or disclosed as part of employment relationships or under a non-disclosure agreement);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “unwanted email”, “spam”, “chain letters”, “pyramid scheme” or any other form of unauthorized request;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, trojan horses or any other computer code, files or programs designed to directly or indirectly interfere , manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware, data or telecommunications equipment;
(t) interrupt the normal flow of dialog, causing screen “scroll” faster than other Users’ typing ability, or otherwise act in a way that negatively affects other Users’ ability to engage in message exchanges on real time;
(u) interfere with, manipulate or disrupt the Services, servers or networks connected to the Services or any other form of use and enjoyment of the Services by Users, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that may direct
tors or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any local, state, national or international law, rule, code, directive, guideline, policy or regulation, including, without limitation, laws and requirements (with the force of law or not) related to money laundering or counter-terrorism;
(x) use the Services in violation of using the Services in violation of or to circumvent any sanctions or embargoes administered or imposed by the US Foreign Assets Control Agency, the United Nations Security Council, the European Union or the HM Treasury ;
(y) use the Services to violate privacy, “stalk” or harass other Users;
(z) violate Victorious Megastore’s rights, including any intellectual property right or any passage thereof;
(aa) use the Services to collect or store personal data from Users pursuant to prohibited conduct and activities as set out above; and/or
(bb) advertise items that violate the copyright, trademark or other intellectual property rights of others, or use the Services in a way that violates the intellectual property rights of others.
6.3 – You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the Content originated. This means that you, and not Shopee, are fully responsible for all Content that you submit, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you find offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall Shopee be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use or reliance on any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 – You acknowledge that Shopee and its designees shall have the right (but not the obligation), in its sole discretion, to pre-select, refuse, delete, discontinue, suspend, remove or move any Content, including, without limitation, any Content or information published by you that is available on the website, without such act giving rise to any right of redress or liability for Shopee. Without limiting the foregoing, Shopee and its designees shall have the right to remove any Content (i) that violates these Terms of Service, our Prohibited and Restricted Products Policy and/or other Platform policies and rules; (ii) if we receive a complaint from another User; (iii) if we receive notice and/or notice of intellectual property infringement or other legal instructions for removal; or (iv) if such Content is otherwise objectionable. We may also block the delivery of a communication (including, without limitation, status updates, posts, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or apply the provisions of these Terms and Conditions. You agree that you must evaluate and assume all risks associated with the use of any Content, including, without limitation, 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, not rely on any Content created by Shopee or submitted to Shopee, including, without limitation, information in the Shopee Forums and all other parts of the site.
6.5 – You acknowledge, consent and agree that Shopee may access, preserve and disclose the information and Content of your account to any legal, regulatory or governmental authority, the relevant rights holder or third party if so required by law, in accordance with an order from a court or any governmental or regulatory authority having jurisdiction over Shopee or acting in good faith that such preservation or disclosure of access is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Products Policy; (c) respond to claims that any Content is infringing the rights of third parties, including intellectual property rights; (d) respond to customer service requests; or (e) protect the personal rights, property or safety of Shopee, its Users and/or the public.
7.1 – Violations of this policy may result in a range of actions, including, without limitation, any of the following:
Limitations Put on Account Privileges
Account suspension and subsequent closure criminal charges
Civil actions, including, without limitation, claim for damages and/or injunctions or provisional measures
7.2 – If you believe that a User of our Site is violating these Terms of Service, please contact email@example.com
8.1 – As provided above, Victorious Megastore does not allow any product and/or Content that violate copyright, trademark or intellectual property rights in general (DPI) owned by others to be inserted and/or marketed on its Platform (“Owner of IPR”).
8.2 – Unless expressly provided otherwise, Users are individual individuals or companies and they are not associated with Victorious Megastore in any way and Victorious Megastore is neither an agent nor a representative of Users and does not own or support any of the goods advertised on the Site.
8.3 – If you are an IPR Owner or an agent duly authorized by an IPR Owner (“DPI Agent”) and you believe that your or your agent’s right has been violated, please notify us by completing and submitting the respective available form through the email contact@Victoriousco.com, providing us with the documents required below to support your claim. Only notices of infringement of intellectual property rights sent through the appropriate form and with all the necessary information and documents will be processed and analyzed by Victorious Megastore, which is the only official channel for dealing with such cases, and Victorious Megastore reserves the right to not analyze complaints and/or notifications sent by other channels, disclaiming any responsibility for developments arising from non-compliance with the notification procedure provided for in this item. Finally, please allow us time to process the information you provide. Victorious Megastore will respond to your notification as soon as possible.
8.4 – Complaints under this Section 8 must be provided in the form prescribed by Victorious Megastore, which may be updated from time to time and must include at least the following: (a) a physical or electronic signature of a DPI Owner or DPI agent (collectively, “Informant” ); (b) a description of the type and nature of the intellectual property right allegedly infringed and proof of rights; (c) a description of the nature of the alleged breach in sufficient detail to allow the Victorious Megastore to assess the claim; (d) URL(s) of the ad(s) containing the alleged infringement; (e) information sufficient to enable Victorious Megastore to contact the Informer, such as physical address, telephone number and email address; (f) a statement by the Reporter that the report is made in good faith and that the use of intellectual property as identified by the Reporter is not authorized by the DPI Owner or the law; (g) a statement by the Informer that the information in the notification is accurate, and the Informer will indemnify us for any damages we may suffer as a result of the information provided by the Informer and that the Informer has the appropriate right or is authorized to act on name of the DPI Owner in all respects relating to the claim filed.
8.5 – Victorious Megastore recognizes the right of the manufacturer, authorized distributors, distributors with exclusive distribution rights, among others, to enter into certain exclusive distribution agreements or advertised minimum price agreements for their products. However, any violations of such agreements do not constitute a violation of intellectual property rights. As the application of these agreements is a matter between the manufacturer, distributors, representatives and sellers, Victorious Megastore is not responsible, as well as providing any assistance in this type of activity, and does not impose and/or monitor exclusive distribution rights or price control issues, except in countries that have laws specifically governing exclusive or selective distribution. Therefore, such matters must be dealt with exclusively with the respective sellers without any interference or liability of Victorious Megastore in such cases.
8.6 – Each and every Platform User, especially Seller users, agree to exempt Victorious Megastore and its Affiliates from all claims, claims, demands and legal convictions, as well as damages and losses arising from the removal of any Content or advertisement of products in relation to any claim of infringement of intellectual property.
9.1 – The Victorious Megastore platform supports at least one of the following payment methods in each country in which it operates:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit accepted through these payment channels may vary depending on the jurisdiction in which they are located.
Pay-on-Delivery (COD), sometimes called a charge-on-delivery or pay-on-demand, is the sale of goods by mail order, where payment is made at the time of delivery rather than in advance. If the goods are not paid for, they will be returned to the retailer. Originally, the term only applied to payment by cash, but as other forms of payment have become more common, the word “cash” has sometimes been replaced by the word “collect” to include transactions on checks, money orders, credit cards or debt.
9.2 – The Buyer can only change his preferred method of payment for his purchases before making the payment.
9.3 – Victorious Megastore does not assume any responsibility and is not legally liable for any loss or damage to Buyer arising out of shipping and/or payment information entered by Buyer or erroneous shipment by Buyer in connection with payment for purchased items. We reserve the right to verify that Buyer is properly authorized to use a particular payment method and may suspend the transaction until such authorization is confirmed or cancel the transaction when such confirmation is not available.
9.4 – At present, for payments made via bank slip, Victorious Megastore can only handle User refund requests via bank transfer. Refunds made by credit card will be made directly on their respective statements. Consequently, Users are required to provide Victorious Megastore with their bank details in order to receive payments (from the sale of a product or refund) in accordance with chapter 10.
10.1 – Payment services offered through the Victorious Megastore platform may be provided by a third party company (“Payment Service Provider”) or, exclusively with regard to opening and managing the payment account, by Stripe and Paypal. In cases where it provides the services, the Payment Service Provider is solely responsible for all legal, regulatory, financial and operational aspects of the payment process. By accepting these Terms of Service, you acknowledge and also accept the Terms and Conditions for Opening a Stripe and Paypal Payment Account (Payment Service Provider), attached to this Terms of Service, which integrates it for all applicable legal and legal purposes .
10.2 – The Payment Service Provider integrated with Victorious Megastore will be responsible for processing payments and managing money transfers you receive from your sales and refunds for purchases made through Boleto Bancario, and credit card or any other payment methods that are accepted on the platform. The amount of this money, minus any withdrawals, will be reflected in your Account balance, accessible on the Victorious Megastore Platform.
10.3 – The Payment Service Provider will transfer the funds to your payment account as provided in Annex I (“Payment Account”) Once the funds are deposited in the Payment Account, all rules provided for in the Terms will apply and Stripe and Paypal Payment Account Opening Conditions.
10.4 – The user agrees and consents that their personal data and documentation such as name, CPF, date of birth, address, bank account information and similar information will be collected and shared with the Payment Service Provider to carry out all procedures related to the identification of the User in order to comply with all applicable laws and regulations, especially those associated with preventing money laundering and combating terrorism, fraud and illegal financial activities.
10.5 – Money from your sale of products at the Victorious Megastore will be credited to your account within seven (7) days after delivery of the product to Buyer or immediately after Buyer has claimed to have received the product. The money from the refunded products will be credited to your account within 07 (seven) business days after approval of the return or refund request.
10.6 – Once submitted, you may not modify or cancel a Cash Out Request.
10.7 – If there is an error in processing any transaction, you authorize the Payment Service Provider to initiate debit or credit entries to your designated bank account to correct such error, provided such correction is made in accordance with applicable laws and regulations. If the Payment Service Provider cannot debit your designated bank account for any reason, you authorize the Payment Service Provider to resubmit the debit along with applicable additional fees to any other bank account or payment instrument you have filed with us or to deduct the debit and applicable fees from your account balance in the future.
10.8 – You authorize the Payment Service Provider to initiate debit or credit entries to your account:
(i) to correct any errors in processing any transaction;
(ii) where Payment Service Provider and/or Victorious Megastore have determined that you have engaged in suspicious or fraudulent activities and/or transactions;
(iii) in connection with any lost, damaged or incorrect products;
(iv) in connection with any rewards or discounts;
(v) in connection with any uncollected fees;
(vi) in connection with the resolution of any transaction dispute, including any compensation owed to you or by you;
(vii) in connection with any products banned or that have been held by customs;
(viii) in connection with any change of plans mutually agreed between Buyer and Seller.
10.10 – In addition, Users agree that the Payment Service Provider may also preventively block the account and any amounts contained therein if parameters and atypical refund rates, chargebacks and other rates are identified subject to review by the Risk and Compliance teams that indicate the need for the blocking to be carried out to protect the rights of Users, Buyers and third parties.
10.11 – Considering that the Payment Service Provider and/or Victorious Megastore are not responsible in any way for the products and/or services offered, advertised and marketed by the Sellers, a preventive blocking may be carried out and will be maintained, via rule, until (i) it is verified that the suspicious act or conduct did not characterize an illegal practice, based on exclusive criteria and evaluations of the Payment Service Provider; (ii) the parties involved adequately formalize the amicable resolution of the situation; or (iii) by court order or authorized administrative authorities that clearly and specifically declares the products, content or act identified as a violation, allowing its proper identification and applicable measures. If the Payment Service Provider determines, in accordance with the payment market rules, the preventive block may be converted into definitive or the blocked amount may be used to indemnify the Payment Service Provider, Victorious Megastore, other participants of the payment market or any third party that, according to the rules applicable to the payment market, is entitled to indemnification.
10.12 – Users acknowledge and authorize the Payment Service Provider and/or Victorious Megastore to report to the responsible oversight and control organizations the acts, conducts and practices that contain indications of irregularities and/or illegalities, without causing any moral damage and damage property to the reported User.
10.12.1 – Additionally, Users agree and acknowledge that Stripe and Paypal will collect and share with the competent authorities and bodies any and all information and documents, including transaction data, Victorious Megastore Account movement histories, identification and account of user, indication of products sold and respective volume, tax documents, as well as other data and information that are necessary to comply with a legal obligation and/or to defend the interests of Victorious Megastore and Stripe and Paypal administratively and/or judicially.
10.13 – It should be noted that the rules for charging and withdrawing the payment account, as well as the other provisions governing payment services and payment account management, are contained in the Terms and Conditions for Opening a Stripe and Paypal Payment Account attached to these Service Terms. Thus, in case of any discrepancies between the provisions of the Stripe and Paypal Payment Account Opening Terms and Conditions and the provisions of item 10 PAYMENT SERVICES of these Terms of Service, the provisions of the Payment Account Opening Terms and Conditions shall prevail Stripe and Paypal.
11.1 – The Victorious Megastore Guarantee is a service provided by Stripe and Paypal in accordance with the rules set by Victorious Megastore to protect purchases. To protect against the risk of legal liability, payment to the seller for purchases made using the Services will be blocked by Stripe and Paypal in the Payment Account (“Victorious Megastore Guarantee”). Seller will not receive interest and other earnings from the amount paid into the Victorious Megastore Warranty Account.
11.2 – The funds arising from the payment of purchases made by a specific buyer will be retained in the Payment Account without You being able to redeem or transfer them until:
(a) Buyer sends confirmation to Victorious Megastore that he has received his goods, in which case, unless item 11.2(d) applies, Victorious Megastore will release the funds (less the Shipping Fee [if applicable] ) from the Seller, the Transaction Fee and Tax Amount applicable to the sale of the Products, and (if applicable) the Import Fee into the Victorious Megastore Warranty Account to the Seller;
(b) the Victorious Megastore Warranty Period (or any extension approved in accordance with section 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, Victorious Megastore will post Purchase Money Buyer’s (minus the proportion of the Shipping Fee [if applicable]) of the Seller, the Transaction Fee and Tax Amount applicable to the sale of the products, and (if applicable) the Import Fee into the Victorious Megastore Warranty Account to the Seller;
(c) Victorious Megastore determines that Buyer’s request for refund of goods and/or refund is successful, in which case, unless item 11.2(d) applies, Victorious Megastore will arrange refund to Buyer, subject to ae in accordance with the Refund and Return Policy;
(d) in any other situation where Victorious Megastore justifiably determines that the refund of Buyer’s Purchase (less the proportion of the Shipping Fee [if applicable]) from the Seller, the Transaction Fee and Tax Amount applicable to the sale of the products, and (if applicable) the Import Duty is appropriate, including, without limitation, when it reasonably deems it necessary to comply with applicable law, a court order or these Terms of Service.
11.2.1 – The Victorious Megastore Guarantee is only offered to Buyers who made payment through the channels provided by Victorious Megastore using the Payment Account provided for in the Stripe and Paypal Payment Account Opening Terms and Conditions, provided by Stripe and Paypal . Offline agreements between Buyer and Seller will not be covered under the Victorious Megastore Warranty.
11.3 – Payments made through the Victorious Megastore channels will be maintained as a guarantee in the Payment Account for a specific period of time (the “Victorious Megastore Guarantee Period”), which in Japan is 30 (thirty) days from (i) confirmation provided for in item 11.2 (a); or (ii) the end of the period for self-confirmation of receipt of the product by the system, which will occur within 30 days after the effective delivery verified by the responsible logistics operator – whichever occurs first. To learn more about the Victorious Megastore Warranty Period, please email firstname.lastname@example.org. Buyer may request a one-time extension of the Victorious Megastore Warranty Period prior to expiration, subject to and in accordance with the Refund and Return Policies. Upon Buyer’s request, the Victorious Megastore Warranty Period may be extended for a maximum of three (3) days, unless Victorious Megastore, in its sole discretion, determines that a greater extension is appropriate or necessary.
11.4 – If, for any reason, Seller’s bank account cannot be credited and/or Seller cannot be contacted, Victorious Megastore will make every reasonable effort to contact Seller using the contact information provided by Seller. If the Seller cannot be contacted, the resources in its account will be handled in accordance with the Stripe and Paypal Payment Account Opening Terms and Conditions, and the Sellers hereby expressly agree to such conditions.
11.6 – The Victorious Megastore Warranty is in addition to – and without limitation – Buyer’s and Seller’s obligations under applicable law, which may go beyond what is provided by the Victorious Megastore Warranty. The Victorious Megastore Warranty is not intended and is not designed to assist Buyer or Seller to comply with their own legal obligations, for which each party will remain solely responsible, and Victorious Megastore does not accept any liability in relation thereto. Without limitation, the Victorious Megastore Warranty does not constitute a product warranty.
11.7 – Buyer and Seller acknowledge and accept that Victorious Megastore’s decision (including any remedies) with respect to and with respect to any issues relating to the Victorious Megastore Warranty is final.
11.8 – For the avoidance of doubt, any transactions not carried out on the Site will not qualify for the protection offered by the Victorious Megastore Warranty.
12.1 – Users may earn loyalty points to purchase merchandise using the Victorious Megastore Guarantee system or by participating in other activities on Victorious Megastore that it determines from time to time (“Eligible Activities”) based on the conversion rate determined in its sole discretion. Generally Victorious Megastore Coin will be credited to User Account upon completion of a successful transaction or activity approved by Victorious Megastore. You are eligible to participate in the Victorious Megastore points system if you are a User and your Account has not been expressly barred from participating.
12.2 – Transactions not completed on the Site using the Victorious Megastore Warranty do not qualify for the Victorious Megastore points system. Victorious Megastore may, in its sole discretion, exclude product categories from the Victorious Megastore points system.
12.3 – Victorious Megastore Coin has no monetary value, does not constitute its ownership and cannot be bought, sold, transferred or redeemed for cash.
12.4 – Subject to Victorious Megastore rules and regulations as determined, amended or modified by Victorious Megastore from time to time, subject to any limit imposed by Victorious Megastore in its sole discretion, User may redeem Victorious Megastore Currency by submitting a request to Victorious Megastore and use it. it to offset the purchase price of selected items when making purchases on the Site, as recommended by Victorious Megastore from time to time. All refunds will be subject to Victorious Megastore’s Refunds and Returns Policy as per Section 15.4.
12.5 – The Victorious Megastore Token you redeem will be deducted from your Victorious Megastore Token balance. Each Victorious Megastore Coin comes with an expiration date. Be sure to check your account details on the Site for information regarding the balance and expiration date of Victorious Megastore Coins.
12.6 – From time to time, we will inform you that bonus Victorious Megastore Coins will be awarded for certain Eligible Activities. This may include – but is not limited to – purchases made from participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonuses when they become available.
12.7 – If you have a dispute to raise regarding the number of Victorious Megastore Coins awarded to you in connection with an Eligible Activity, this must be done within one (1) month from the date of the Eligible Activity. We may ask you to provide evidence to support your claim.
12.8 – Victorious Megastore does not guarantee or accept responsibility for the final tax rate of the Victorious Megastore Coin. You will need to check with your tax advisor if receiving the Victorious Megastore Coin affects your tax status.
12.9 – Victorious Megastore reserves the right to (i) terminate the Victorious Megastore Points System at any time in its sole discretion, and (ii) cancel or suspend a User’s right to participate in the Victorious Megastore Points System, including its ability to earn and redeem Victorious Megastore Coins at its sole discretion.
13.1 –Victorious Megastore will inform Seller when Buyer’s Purchase Money is received and Seller undertakes to arrange for shipment of the product within the agreed timeframe. If the agreed deadline is not respected, Victorious Megastore may automatically cancel the order and the seller will not have to ship the product. Seller will be informed by Victorious Megastore through Seller Center if an order is automatically cancelled, and if even after cancellation the Seller ships the product, Seller will be responsible for any damages, including loss of product.
13.2 – Regarding the services of the Logistics Provider Operator (OFL) exclusively provided through the Platform, Victorious Megastore will act as an intermediary for the Sellers, taking the necessary operational measures in order to enable the Seller to send the products sold to its customers (Buyers) through the OFL integrated into the Platform. Accordingly, in cases of product damage and/or delivery issues that prove to be an exclusive failure of OFL services, Victorious Megastore will handle Buyer’s refund and Seller’s payment respectively, if necessary.
13.3 – Problems related to OFL services that may be contracted directly by Seller, at Seller’s sole discretion and responsibility, when such option is permitted by the platform, shall be dealt with by Seller, including Buyer’s shipping fees and refunds, except in cases where Seller has entered into a different agreement with Victorious Megastore, being responsible for making arrangements for the product to be delivered to the Buyer and providing information such as the name of the delivery company, the tracking number, etc. to the Buyer through the website.
13.4 – Seller shall do its best to ensure Buyer receives purchased products within the Victorious Megastore Warranty Period or period specified by Seller in its advertisement.
13.5 – In the case where the purchased product(s) is(are) damaged, lost or damaged during the course of delivery, Users acknowledge and agree that Victorious Megastore only will be responsible for any damage, expense, cost or fees resulting therefrom, if OFL’s services are mediated by Victorious Megastore as set forth in item 13.2. On the other hand, if OFL is under Seller’s responsibility (item 13.3), Buyer will contact Seller, who will be responsible for triggering the logistics service provider to resolve such dispute and deal with Buyer’s refunds and any eventual damages/ additional costs.
13.6 – For Cross-Border Transactions, Users understand and acknowledge that where a product advertisement states that the product is shipped from abroad, such product is being sold by a Seller located outside the Buyer’s country, and the import and export of such product is subject to local laws and regulations. Users must familiarize themselves with all import and export restrictions that apply to the designated country. Users acknowledge that Victorious Megastore cannot provide any legal advice in this case and agree that Victorious Megastore does not assume any legal risk or liability related to the import and export of such products.
13.7 – Where Buyer elects to have the purchased product delivered by any other shipping method, the fee owed to the delivery company (“Shipping Fee”) will be borne by Buyer, Seller and Victorious Megastore in proportions determined by Victorious Megastore and published periodically on the Site. Victorious Megastore shall (i) collect from Buyer the proportion of Buyer’s Shipping Fee, (ii) deduct the proportion of Seller’s Shipping Fee from Buyer’s Purchase Money in accordance with Section 11.2, and (iii) pay the Total Shipping Charge to the delivery company.
13.8 – The Shipping Fee may vary according to the weight of the package (product[s] ordered[s]), measurement, route (origin/destination) and any other aspect that may impact the logistics and shipping/delivery operation. Therefore, the Shipping Fee will be calculated taking into account all these aspects and will be duly presented to the user responsible for your payment prior to completion of the order/transaction.
14.1 – The buyer may request the return of the purchased product (free of charge) and reimbursement in two cases: within 7 (seven) days after receipt of such product (effective repentance) and within the legal period established by the applicable regulations, 30 ( thirty) days for durable products and 15 (fifteen) days for non-durable products, in case of defects and/or malfunction duly proven by the Buyer, from the day of receipt of the product. In addition, Buyer may cancel an order before Seller has arranged and shipped the product(s). If Buyer’s request for return was caused by Seller’s fault, shipping and return fees will be immediately debited and deducted from Seller’s account.
14.1.1 – It is important to emphasize that the Seller is solely responsible for any defects in the products sold by it on the Victorious Megastore Platform, including malfunctions and/or inadequacies between products sold and delivered to buyers and the offer made, in quantitative and qualitative terms. Therefore, you, Buyer, acknowledge that Victorious Megastore has no responsibility for the products sold by Sellers, recognizing that Victorious Megastore acts as a mere intermediary of the relationship between Buyers and Sellers, as an internet application provider, agreeing to maintain – it exempts from liability and indemnifies in case of problems related to the suitability of the products purchased from the Sellers, agreeing that any complaints must be dealt with and resolved by the Sellers and, in case of adoption of legal measures, these must be taken exclusively against the Sellers, refraining from including Victorious Megastore as the defendant in such claims
14.2 – Victorious Megastore reserves the right to cancel any transaction based on material in error and/or suspected fraud on the Site, and Buyer agrees that its sole recourse shall be to receive a refund of Buyer’s Purchase Money paid to the Account Victorious Megastore Warranty.
14.3 – If you redeemed Victorious Megastore Coins for your transaction and were successful in receiving a refund based on Victorious Megastore’s Return and Refund Policy, Victorious Megastore will refund you the amount you actually paid for the product and credit back any Victorious Coins Megastore redeemed for your Account separately.
14.4 – Victorious Megastore does not monitor the cancellation, return and refund processes for offline payments.
15.1 – The Seller shall be solely responsible for the existence, quantity, quality, regularity, status, integrity and legitimacy of the products and services offered, purchased or sold through the Platform. In addition, Seller acknowledges that it is its sole responsibility to comply with all laws and regulations applicable to its products and business, including obtaining, valid and regularizing all licenses, authorizations and permits, product registrations and certifications, as well as necessary operating licenses and permits as defined by the competent authorities.
15.2 – Seller is responsible for the effective fulfillment of obligations before Buyers/Users. Seller acknowledges and accepts that, when engaging in dealings with other Users or third parties, it does so at its own risk, recognizing that the Victorious Megastore Services are limited to the provision of technological support related to the Content.
15.3 – Victorious Megastore makes no warranties of any kind for defective products. Seller acknowledges and agrees to be solely responsible for the advertised products and services and their respective offers.
15.4 – Seller shall properly manage and ensure that all relevant information such as price and product details, availability, terms and conditions of sale are updated in Seller’s advertisement and shall not post inaccurate or misleading information in accordance with laws and regulations applicable consumer protection rules.
15.5 – The price of the products for sale will be determined by the Seller at its discretion. The Price of a product and shipping charges must include the total amount to be charged to Buyer such as sales tax, amount of additional fees, fees, etc. and Seller may not charge Buyer such amounts additionally and separately.
15.6 – For the purpose of promoting sales of products advertised by Sellers, Victorious Megastore may post such products (price adjusted due to transaction, exchange or other related fees) on third-party websites (such as website portals and merchant websites). comparison) in addition to websites (domestic or foreign) operated by Victorious Megastore.
15.7 – Seller shall issue vouchers, credit card receipts or invoices to Buyer if requested.
15.8 – Seller acknowledges and accepts that it will be responsible for issuing tax documents required by applicable law and for paying all taxes and charges for the product sold and Victorious Megastore cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
15.9 – Seller acknowledges and accepts that violations of any policies of Victorious Megastore will result in a range of actions as stated in Section 7.1
15.10 – In cases where the customary and/or volume characterizes commercial intent in relation to its sales, the Seller must change the profile of its Account and present all documents and information necessary for said change in the form of current legislation, observing the procedures and deadlines set by Victorious Megastore.
16.1 – The Victorious Megastore offers keyword advertising (“Keyword Advertising”) and other advertising services, including participating in flash offers (“Lightning Offer Advertising”) (Keyword Advertising and Lightning Offer Advertising) hereinafter collectively referred to as “Paid Advertising”). Sellers can purchase Paid Advertising services. Victorious Megastore provides Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the “Paid Advertising Rules”). Sellers who purchase Paid Advertising services agree to abide by the Paid Advertising Rules. If you do not agree to abide by the Paid Advertising Rules, do not purchase any Paid Advertising Services.
16.2 – To purchase Paid Advertising services, you must be a qualified seller under the Paid Advertising Rules. The moment you purchase and pay for Paid Advertising services they will be activated and applied to your account and items as per the settings and parameters defined by you.
16.3 – You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site or other site(s) (“Advertising Credits”), and fees payable for Paid Advertising services will be deducted from the Advertising Credits Advertising by Victorious Megastore. All Advertising Credits will be subject to applicable taxes and will expire after six (6) months of purchase, or at such other time as may be determined by Victorious Megastore. Unless otherwise stated in the applicable Paid Advertising Rules, you may not cancel the order and/or request a refund once you have purchased Advertising Credits and completed the payment process.
16.4 – You may also choose, if such functionality is enabled by Victorious Megastore in your territory, to have your Advertising Credits automatically reloaded through your Seller Wallet (“Advertising Credits Reload Feature”) if your Advertising Credits balance Advertising falls below a value set by you (“Minimum Advertising Credit Value”). By activating the Advertising Credits Reload Feature, you may choose the Minimum Advertising Credits Amount and reload amount and agree to debit your Seller Wallet in accordance with Section 10 of these Terms of Service. You can also use the cash-out balance in your Victorious Megastore account to purchase Advertising Credits on an as-needed basis, including on a one-off basis.
16.5 – You have the option to purchase Keyword Advertising services at the time you post an item for sale or thereafter. When you buy Keyword Advertising, you can set different budgets, keywords, marketing periods, and so on for each item according to the Paid Advertising Rules. The Keyword Advertising service for each item will be activated and expire on the respective dates set by you (“Paid Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period and/or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period set for that item(s). Advertising Credits will also not be refunded.
16.6 – You have the option to purchase Lightning Offer Advertising services during the periods indicated by Victorious Megastore. When you purchase Lightning Offer Advertising services, you may indicate items to be included in a lightning offer and Victorious Megastore may or may not include such items in a lightning offer in its sole and absolute discretion. Advertising Credits are not transferable to other items once used, regardless of whether the items are sold/unsold or not listed during the flash offer. Advertising Credits will also not be refunded.
16.7 – Products that you advertise on the Site must comply with all applicable laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Victorious Megastore has the right to immediately remove any advertisement that violates any of the foregoing and any Paid Advertising fees you have paid or Advertising Credits you have used in connection with any advertisements removed in accordance with item 15.9 of these Terms will not be refunded. Victorious Megastore will also not be liable to compensate you for any loss in connection with advertisements removed in accordance with item 15.9 of these Terms.
16.8 – You understand and you agree that Victorious Megastore does not guarantee, in any respect, increased views or sales of its items as a result of purchasing paid advertising services.
16.9 – We advise you to purchase Paid Advertising services only after fully considering your budget and intended advertising objectives. Unless otherwise provided in these Terms of Service or the Paid Advertising Rules, Victorious Megastore will not be liable for any compensation or will be subject to any liability (including, but not limited to, costs, actual expenses and/or lost profits) for the results or intended results of any Paid Advertising service.
16.10 – You agree and acknowledge that Victorious Megastore is not responsible, in any respect, for the content of the offer and advertising of items sold on the Platform by you, including pricing, values, promotions, item features, quality, quantity, warranties, as well as any condition of the offer and advertising established by you, especially to buyers and consumers. In this regard, You are fully and solely responsible for the adequacy of advertising and offering of the items sold by You through the Victorious Megastore. Therefore, you agree to hold Victorious Megastore exempt from liability in these aspects, recognizing that the duty to assume full responsibility before inspection bodies, consumer protection and the Judiciary Branch in any administrative and/or judicial proceedings, in addition to indemnifying Victorious Megastore as to possible losses and damages arising from administrative or judicial convictions, including upon retention of existing or future balance in your Victorious Megastore Account.
16.11 – YOU HEREBY AGREE THAT, DESPITE THE PROVISIONS OF THESE TERMS OF SERVICE, IF VICTORIOUS MEGASTORE IS DEEMED RESPONSIBLE BY A COMPETENT LEGAL AGENCY (INCLUDING SERIOUS NEGLIGENCE) WITH RESPECT TO ANY ADVERTISING SERVICES AT THE APPLICABLE RATE PAYMENT , VICTORIOUS MEGASTORE’S LIABILITY TO YOU (USER) OR ANY THIRD PARTY IMPACTS SHALL BE STRICTLY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE RESPECTED PAID ADVERTISING SERVICE IN QUESTION.
17.1 – Payment Fee is the fee applied for each order on the Victorious Megastore Platform (not applicable for canceled orders or return/refund orders). In all cases, Seller is responsible for paying Payment Fees.
17.2 – The Payment Fee is calculated based on the total order value placed by Buyer for the products purchased, excluding 1) any shipping costs that Buyer has paid; and 2) if applicable, any discounts arising from the use of seller-generated discount coupons.
17.3 – Depending on the payment method selected by the Buyer, the applicable fee for each will be as follows:
– COD: Products + Shipping + ¥650(COD rate)
18.1- In the event that a problem should arise in a transaction, Buyer and Seller agree to communicate first to attempt to resolve such dispute by mutual discussions, for which Victorious Megastore will use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may contact the local jurisdiction’s court of claims to resolve any dispute arising out of a transaction.
18.2 – Users covered by the Victorious Megastore Warranty may submit a written request to Victorious Megastore to help them resolve issues that may arise in a transaction upon request. Victorious Megastore may, in its sole discretion and with absolutely no legal liability to Seller and Buyer, take all necessary steps to assist Users in resolving their dispute. For more information, please see the Victorious Megastore Returns and Refunds Policy.
18.3 – For the sake of clarity, services provided under this Section 17 are only available to Buyers covered by the Victorious Megastore Warranty. Buyers using other forms of payment for their purchase must contact Seller directly.
19.1 – Victorious Megastore welcomes information and feedback from our Users that make it possible to improve the quality of service provided. Please see our feedback procedure below for more information:
(i) Feedback may be made in writing via email or using the feedback form on the Application.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by feedback must be fully informed of all facts and given the opportunity to present their case.
(iv) Vague and defamatory feedback will not be accepted.
20.1 – VICTORIOUS MEGASTORE SHALL BE LIABLE FOR ANY DAMAGES CAUSED TO USERS DUE TO THE SERVICE PROVIDED BY IT, WHICH IS THE PROVISION OF THE PLATFORM. THEREFORE, VICTORIOUS MEGASTORE’S LIABILITY IS SOLELY LIMITED TO THE BROADCASTING SERVICES PROVIDED THROUGH THE PLATFORM. FOR THE AVOIDANCE OF DOUBT, VICTORIOUS MEGASTORE SHALL ONLY BE LIABLE IF IT IS PROVEN THAT IT DIRECTLY CAUSED ANY SIGNIFICANT PLATFORM FAILURE WHICH CAUSED MATERIAL DAMAGE OR LOSS TO ITS USERS, EXCLUDING, IN ANY OTHER SYSTEM OR SYSTEM USERS AND/OR THIRD PARTY SERVICE ACTIONS.
20.2 – PRODUCTS SUPPLIED BY SELLERS AND/OR THIRD PARTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY VICTORIOUS MEGASTORE, OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITHOUT LIMITATION, WITHOUT LIMITATION THEREOF , WARRANTY OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NEITHER ARE THERE WARRANTIES MADE NOR ANY WARRANTIES CREATED BY THE COURSE OF DEALING, PERFORMANCE OR COMMERCIAL USE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VICTORIOUS MEGASTORE DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SAFE, SAFE OR PRECISE (IF ANY) WILL BE CORRECTED OR THAT THIS SITE AND/OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKOUT, DEAD DEVICES, TROJAN HORSES, TRAPS, OTHER BOMBS, DRUM PUMP HARMFUL INSTRUCTIONS, PROGRAMS OR COMPONENTS.
20.3 – YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND/OR SERVICES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IS WITH YOU.
20.4 – VICTORIOUS MEGASTORE HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT WARRANT OR ACCEPT ANY LIABILITY FOR: (A) FITNESS OF PURPOSE, EXISTENCE, QUALITY, SAFETY, OR LEGAL LIABILITY OF PRODUCTS (A) SELLERS) AVAILABLE THROUGH THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL PRODUCTS OR BUYERS TO PAY FOR THEM. PERMITTED BY APPLICABLE LAW, RELEASE VICTORIOUS MEGASTORE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, CLAIMS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTE.
21.1 – IN NO EVENT SHALL VICTORIOUS MEGASTORE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, INFRINGEMENT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE [WHETHER ACTIVE, PASSIVE OR IMPUTED], LEGAL PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE IN LAW, IN EQUITY, BY STATUTE OR OTHERWISE, BY:
(i) (A) LOSS OF USE; (B) LOSS OF PROFIT; (C) LOSS OF INCOME. (D) LOSS OF DATA; (E) LOSS OF GOODMILL LOSS; (F) LOSS OF OPPORTUNITY; OR (G) FAILURE TO MAKE ANTICIPATED SAVINGS, IN EACH CASE, WHETHER DIRECTLY OR INDIRECTLY;
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR SERVICES CAUSED BY TECHNICAL AND/OR OPERATIONAL DEFECTS ARISING FROM THE USERS AND/OR SERVICE SYSTEMS THIRD PARTIES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFORE, EVEN IF VICTORIOUS MEGASTORE ADVISES THE POSSIBILITY OF SUCH DAMAGES; OR
(iii) PRODUCTS AND ANY CONTENT PROVIDED BY SELLERS, USERS AND/OR THIRD PARTIES.
21.2 – VICTORIOUS MEGASTORE IS ALSO NOT RESPONSIBLE FOR:
(i) ANY DAMAGE TO USERS OR THIRD PARTIES CAUSED BY THE USE, INAPPROPRIATE OR NOT, OF THE SITE AND SERVICES;
(ii) ACCURACY OF COMMENTS OR INFORMATION OR CONTENT INCLUDED ON THE SITE BY USERS;
(iii) ANY DAMAGE TO OR LOSS OF THE USER DEVICE OR EQUIPMENT CAUSED BY SYSTEM, SERVER OR INTERNET FAILURE DUE TO THIRD PARTY ACTIONS, GOD OR FORCE MAJEURE;
(iv) DAMAGE TO USER EQUIPMENT DUE TO ATTACKS BY MALWARE OR ANY OTHER TYPE OF ENCODED PROGRAM OR MALICIOUS SOFTWARE CAUSED BY ACCESSING, USING OR BROWSING THE PLATFORM;
(v) DAMAGE OR LOSS CAUSED BY TECHNICAL FAILURE IN VICTORIOUS MEGASTORE SYSTEMS
(vi) SERVICES AND FEATURES MADE AVAILABLE THROUGH VICTORIOUS MEGASTORE, WHICH ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A NON-PURPOSE COMPUTER OR OTHER MALICIOUS CODE. YOU HEREBY AGREE THAT VICTORIOUS MEGASTORE SHALL BE LIABLE ONLY FOR DEFECTIVE SERVICES IN THE EVENT OF SERIOUS NEGLIGENCE OR EVIDENCE;
(viii) CONTROL HOW OR WHEN USERS WILL USE THE SERVICES OR FEATURES, SERVICES AND INTERFACES PROVIDED BY THESE SERVICES;
(ix) CONSTANT AVAILABILITY OF THE SITE OR PLATFORM. USERS ACKNOWLEDGE THAT DUE TO OPERATIONAL PROBLEMS, ESPECIALLY RELATED TO THE SERVICES PROVIDED BY THIRD PARTIES, THE SITE OR PLATFORM IS SUBJECT TO POSSIBLE INTERRUPTIONS, TECHNICAL FAILURES AND UNAVAILABILITY FOR ANY TEMPORARY IMPLIED TERM, WITHOUT ANY LIMITATION.
21.3 – NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LEGAL LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY VICTORIOUS MEGASTORE’S NEGLIGENCE, FRAUD OR ANY OTHER LEGAL LIABILITY WHICH MAY NOT BE LIMITED IN LEGAL OR LIMITED LIABILITY IN VICTORIOUS MEGASTORE.
22.1 – Links de terceiros fornecidos em todo o site permitirão que você saia dele. Estes links são fornecidos apenas como cortesia, e os sites aos quais eles direcionam não estão sob o controle da Victorious Megastore de nenhuma maneira e, portanto, você os acessa por seu próprio risco. A Victorious Megastore não é de forma alguma responsável pelo conteúdo de qualquer site vinculado ou por qualquer link contido dentro de um site vinculado, incluindo quaisquer alterações ou atualizações de tais sites. A Victorious Megastore está fornecendo esses links por mera conveniência, e a inclusão de qualquer link não implica ou expressa afiliação, endosso ou patrocínio pela Victorious Megastore a qualquer site vinculado e/ou a ao conteúdo nele contido.
23.1 – By submitting Content for inclusion in the Services, you represent and warrant that you have all rights and/or permissions necessary to grant the licenses below to Victorious Megastore. In addition, you acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, release of rights, compliance with laws and legal restrictions. associated with any Content contribution. You hereby grant Victorious Megastore 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, display and publicly perform such Content contribution through or in connection with the Services in any media format and through media channels, including, without limitation, to promote and redistribute part of the Services (and its derivative works) without the need for attribution and you agree to waive any moral rights (and any similar rights anywhere in the world) in this regard. You understand that your contribution may be streamed over multiple networks and altered to comply and adapt to technical requirements.
24.1 – Cada contribuinte aos Serviços de dados, texto, imagens, sons, vídeo, software e qualquer outro Conteúdo é o único responsável pela precisão, confiabilidade, natureza, liberação de direitos, conformidade com a lei e restrições legais associadas à sua contribuição de Conteúdo. Como tal, a Victorious Megastore não é responsável por e nem deve monitorar ou verificar regularmente a precisão, confiabilidade, natureza, liberação de direitos, conformidade com a lei e restrições legais associadas a qualquer contribuição de Conteúdo. Você não responsabilizará a Victorious Megastore por nenhuma ação ou inação do Usuário, incluindo, sem limitação, por coisas que eles publicam ou de alguma outra forma disponibilizam por meio dos Serviços.
24.2 – Além disso, os Serviços podem conter links para produtos, sites, serviços e ofertas de terceiros. Tais conteúdos e serviços de terceiros não pertencem a e nem controlados pela Victorious Megastore. Ao invés disso, eles são propriedade de respectivos terceiros e são por eles operados, podendo ser protegidos por direitos autorais ou outras leis de propriedade intelectual e tratados aplicáveis. A Victorious Megastore não revisou e nem assume responsabilidade pelo conteúdo, funcionalidade, segurança, serviços, políticas de privacidade ou outras práticas de terceiros. Incentivamos a leitura dos termos e outras políticas publicadas por eles em seus sites e afins. Ao usar os Serviços, você concorda que a Victorious Megastore não será legalmente responsável de forma alguma pelo uso ou inabilidade de uso de qualquer site ou ferramenta. Você ainda reconhece e concorda que a Victorious Megastore pode remover quaisquer links ou aplicativos de terceiros ou desabilitar sua habilidade de usá-los nos Serviços na medida que eles violem estes Termos de Serviço.
25.1 – You represent and warrant that:
(a) you have the legal capacity (and, in the case of a minor, valid parental consent or legal guardian), right and ability to enter into these Terms of Service and comply with their terms; and
(b) will use the Services only for purposes within the law and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
26.1 – If Victorious Megastore, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various steps to protect Victorious Megastore, other Buyers or Sellers, third parties or you from Reversals, Reversals, Claims, fees, fines, penalties and any other legal liability. Actions that can be taken include, but are not limited to the following:
(a) Terminating, suspending or limiting your access to your Account or the Services, and/or suspending the processing of any transaction;
(b) Suspension of your eligibility for the Victorious Megastore Warranty;
(c) Retention, application or transfer of funds existing in your Payment Account as required by court decisions and orders affecting you or your Account, including judgments and orders issued by universala courts elsewhere and addressed to Victorious Megastore;
(d) Negative of providing the Services to you now and in the future;
(e) Preemptively blocking the movement of your funds for a reasonable period of time necessary to protect Victorious Megastore or third parties from the risk of legal liability, or if we believe that you may be involved in potentially suspicious activities and/or transactions or fraudulent.
26.2 – For the purposes of this Section:
“Reverse” means a request for Buyer to directly request its company or bank issuing its credit or debit card to invalidate a payment.
“Claim” means the dispute of a payment that a Buyer or Seller requests directly from Victorious Megastore.
“Reversal” means the reversal of a payment by Victorious Megastore because (a) it was invalidated by the sender’s bank, (b) it was sent to you by Victorious Megastore error, (c) the sender was not authorized to send the payment (by example: the sender used a stolen credit card), (d) you received payment for activities that violated these Terms of Service or any other Victorious Megastore policy, or (e) Victorious Megastore has settled a Claim against you.
27.1 – The Sellers agree to indemnify, defend and hold harmless Victorious Megastore and its shareholders, subsidiaries, affiliates, directors, officers, agents, brand partners or other partners, and employees (collectively, the “Indemnified Parties”) from and against any claims, actions, procedures, petitions and everything else related to legal liabilities, damages, agreements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or related to a: any transaction made on the Site, or any dispute in connection with such transaction (except where Victorious Megastore or its Affiliates are the sellers in the transaction to which the dispute relates), (b) the Victorious Megastore Warranty, (c) a hosting, operating, managing and/or administering the Services by or on behalf of Victorious Megastore, (d) your violation or breach of any term of these Terms d and the Service or any policies or guidelines referenced herein, (e) your use or misuse of the Services, (f) your violation of any laws or rights of third parties, or (g) any Content submitted by you. Victorious Megastore may deduct from any amount payable to Seller all taxes, penalties, and legal fees of any kind that may be imposed on Victorious Megastore based on any breach of these Terms of Service caused by Seller.
28.1 – If any provision of these Terms of Service is found to be illegal, void or for any reason unenforceable under the law of any jurisdiction, such provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
29.1 – These Terms of Service shall be governed by and interpreted under the laws of the WTO (World Trade Organizations). In the event of any dispute, controversy, claim or disagreement of any kind that arises between the Parties in connection with these Terms of Service, including breach, expiration of the validity of such Terms, or in connection with the determination of any matters that are subject to objective determination therein (“Dispute”), whose Dispute has been subject to a written notice by one of the Parties to the other (“Dispute Notice”), the Parties shall attempt, for a period of thirty (30) days after the receipt of one (1) Party of the other Party’s notice of the existing Dispute, resolve such Dispute through mutual discussions between the senior manager of each of the Parties. If the Dispute cannot be resolved by mutual discussions within the thirty (30) day period, the Parties will attempt to resolve the Dispute through the dispute resolution platform available at www.wto.org (“Resolution Platform of Controversy”). If the Dispute cannot be resolved through the Dispute Resolution Platform within the thirty (30) day period, it shall be submitted to and resolved.
30.1 – Victorious Megastore reserves all rights not expressly granted in this document.
30.2 – Victorious Megastore may modify these Terms of Service at any time by posting them in a revised form on the Site. Your continued use of this Site after the changes have been posted will constitute your acceptance of such revised Terms of Service.
30.3 – You may not assign, sublicense or transfer any rights granted to you in this document or subcontract any of your obligations.
30.4 – Nothing in these Terms of Service shall constitute a partnership, joint venture or principal agent relationship between you and Victorious Megastore, nor authorize you to incur any legal costs or liabilities on behalf of Victorious Megastore.
30.5 – Victorious Megastore’s failure – at any time – to enforce any provision of this document shall in no way affect its right to apply it at a later date, except in cases where such provision has been waived in writing.
30.6 – These Terms of Service are solely for you and your benefit, and not for the benefit of any other person or entity except the affiliates and subsidiaries of Victorious Megastore (and each respective successor and designee of the affiliates and subsidiaries).
30.7 – The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the parties’ entire agreement and understanding with respect to the Services and the Site and supersede any prior agreement or understanding between the parties with respect to such a matter. The parties hereby also exclude all implied terms in fact. By entering into an agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or presumption of any person that is not expressly set forth in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which, except for this Section, may have had any bearing on any of the foregoing cases. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporary oral agreement or any other consistent additional terms.
30.8 – You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption actions including, without limitation, the International Anti-Corruption Laws, including the Brazilian, the UK Bribery Act, the US Foreign Corrupt Practices Act , Japan Act and Singapore Prevention of Corruption Act and confirms that you act and will comply with all policies and procedures necessary to ensure compliance with such requirements.
30.9 – If you have any questions or concerns regarding these Terms of Service, or any issues relating to these Terms of Service or the Site, please contact us at: email@example.com.
LEGAL NOTICES: Please send all legal notices to firstname.lastname@example.org and direct them to the “Group General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY FUTURE REVISION THEREOF. BY CLICKING ON THE “REGISTER” OR “LOG IN USING FACEBOOK” BUTTON DURING REGISTRATION, I UNDERTAKE THAT I AM CREATING A DIGITAL SIGNATURE WHICH HAS THE SAME POWER AND EFFECT AS IT WOULD HAVE IF I HAD SIGNED MY NAME MANUALLY.
Last updated on August 17, 2021