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Terms and Conditions

Welcome to SM Celestial Shop, our e-shopping platform.

SM Celestial Shop (hereinafter “this Platform”) is an e-shopping platform run by S.M. Celestial Co., Ltd. (hereinafter “the Company”), with services provided according to the Terms and Conditions of this Platform and other related regulations or announcements. Before shopping for the first time, you are advised to read in detail and agree to the Terms and Conditions of this Platform. Then you can fill in your basic information and complete the shopping process. On completion of the aforesaid shopping process, it is assumed that you have read, understood, and accepted all the content and commitment of this Platform’s Terms and Conditions. If you disagree with all or part of the Terms and Conditions of this Platform, please do not fill in your basic information or complete the shopping process.

You have agreed that the Company, due to operational demands, could make adjustments to the terms and conditions of this Platform, and that, unless it affects materially your entitlement to completed purchases, the Company would not make any individual notification. The updated content of this Platform’s Terms and Conditions will be posted on the homepage or registration page of this Platform together with a link. It is advised that, every time before shopping, you should read this in detail to safeguard your rights. Your continued use of the services of this Platform after any modification or change will be deemed as your having read, understood, and agreed to the relevant modification and change. Should you disagree with the amendments and changes so made, please stop using the relevant services of this Platform.

If you are under 20 years of age, while accompanied by your parent, guardian or legal representative, please read in detail, and agree to the Terms and Conditions of this Platform before proceeding with the relevant purchase process. You and your legal representative or guardian also agree that, for subsequent purchases on this Platform (which belongs to daily necessities), you have obtained the consent of your legal representative or guardian.

 

Account/Username & Password

  1. To safeguard transaction security, this Platform will use the email address or mobile phone number you provide in your application form as your account number, and you will choose a set of passwords as your personal log-in identification, which can be changed whenever necessary. Please do not use the same password as on other platforms. In addition, changing your password regularly will protect your account.

  1. You agree to be responsible for the safekeeping and confidentiality of your account and password, including but not limited to, not leaking your account and password to a third party, not sharing your account and password with others, and logging out of this Platform in a timely manner. Except in the case of proven illegal use by a third party, you are fully responsible for the use of the correct account and password that you have set up to log in, and you may not arbitrarily deny the transaction.

  1. You declare and guarantee that the basic information you fill in is your correct and complete information, and shall not use other people's information. If you violate the foregoing warranty, the Company reserves the right to suspend or terminate your account and refuse your use of the Company's services.

  1. If your account has been used fraudulently or unauthorized, you should notify the Company immediately to avoid further damage. The Company will assist in suspending the account-related transactions and subsequent use. After clarifying the problems related to the use of the account, you may make a request to reset the password and re-open the account.

 

Protection of Personal Data

The Company collects, handles, and utilizes your personal information for the purpose of providing services and marketing related to the Company each time you make a transaction or participate in an activity. Please refer to SM Celestial Shop's Privacy Policy for what to disclose on this Platform regarding your personal information.

The Company will comply with the laws and regulations related to Personal Information Protection Act and will use your personal information only in accordance with the Terms & Conditions of this Platform, the Privacy Policy, or as required by law. Under the following circumstances, the Company may provide your personal information to the relevant authorities or third parties who claim that their rights have been infringed upon and prompt/present official documents from the judicial authorities:

  1. In accordance with a decree or at the request of the prosecutor, the police investigator, the judiciary, or any other competent authority based on a legal procedure,
  2. To protect the legitimate rights and interests of other customers or third parties in case of emergency,
  3. To maintain the normal operation of this Platform,
  4. To provide necessary information on financial flows, logistics or other third parties or co-operative partners related to the provision of the Company's services,
  5. Any violation of governmental laws & regulations or the Terms & Conditions of this Platform by the user.

This Platform may contain links to other platforms because of advertisements or other co-operative promotional activities. By clicking on such links to other platforms, you are not subject to the provisions of the Terms & Conditions and Privacy Policy of this Platform. You should judge for yourself whether the relevant terms and conditions of other platforms are sufficient to protect your rights and interests before deciding to use the services of other platforms.

 

Intellectual Property Rights

All contents of this Platform, including but not limited to, product photography, model photos, art illustrations, platform structure, programming, platform screen arrangement, design layout, trademarks, other signs or information, etc., are the object of intellectual property rights owned by the Company or related right holders in accordance with the law, protected by the Copyright Law, the Trademark Law, the Patent Law, the Trade Secrets Law, and the Fair Trade Law, and shall not be used arbitrarily without prior permission or authorization from the Company or the right holders in order to avoid infringement of copyrights or being held responsible for violation of the law.

 

Limitation of Liability

You agree that in the event of a dispute arising out of your use of or purchase on this Platform, unless otherwise mandated by law, the Company and this Platform shall be liable for damages up to a maximum of three times the amount of the fees you have actually paid to the Company for that use or purchase.

 

Service Discontinuance & Disclaimer

The Company will maintain the normal operation of this Platform in a manner and with technology that is consistent with the current level of security that can be reasonably expected. The Company has the right to suspend the provision of all or part of the services of this Platform without prior notice to you under the following circumstances, and the Company shall not be liable for any compensation or indemnity for any direct or indirect damages incurred due to such suspension:

  1. Relocating, replacing, upgrading, maintaining, or repairing the software and hardware equipment related to this Platform,
  2. Stoppage or interruption of service caused by natural disasters or other force majeure factors,
  3. Service suspension or interruption due to service interruption by telecommunication or website companies or other reasons not attributable to the Company,
  4. This Platform has been affected by external forces resulting in incorrect display of information, falsification, modification, deletion or retrieval of information, or system interruption or failure to operate normally,
  5. Suspension or termination of service for users who have violated the Terms & Conditions of this Platform or the law,
  6. Other circumstances that the Company deems necessary to suspend or terminate the services.

In the event of suspension or termination of the services of the Website due to a foreseeable software or hardware maintenance program, the Company will endeavor to make an announcement on this Platform in an appropriate manner prior to the occurrence of such condition.

 

Breach of Contract

To protect the rights and interests of all users of this Platform, the Company may suspend or terminate your eligibility to purchase or refuse to allow you to use all or part of the services of this Platform if you have any of the following circumstances:

  1. Providing incorrect or inaccurate information for registration,
  2. Unauthorized use of credit card or other unauthorized use of a financial account without the owner’s permission,
  3. Parcels that have been shipped are returned due to personal reasons or exceed the number of no-pickup times as regulated by the Company; no one signed for or refused to accept the parcel when it was delivered by the logistics company when you choose to pay by cash on delivery,
  4. The Company determines that habitual returns of goods are due to personal factors,
  5. Customers who violate the Terms & Conditions of this Platform or violate the law, fail to comply with the agreement between the two parties, or maliciously abuse the rights and benefits of the service.

You agree that your consent is not required for us to suspend or terminate your eligibility to make purchases or deny you access to all or part of the services on this Platform in accordance with the Terms & Conditions of this Platform, and that we shall have no obligation or liability to you or any third party.

 

Validity of this Consent, Governing Law, and Court of Jurisdiction

The invalidity of any provision of these Terms & Conditions, in whole or in part, shall not affect the validity of the other provisions. Your rights and obligations with us shall be governed by these Terms & Conditions and any applicable notices or regulations of this Platform. In the event of any dispute, you may file a complaint or response to the customer service contact information listed on this Platform, and both parties shall act in good faith and negotiate a resolution in accordance with the principles of honesty, creditworthiness, equality, and mutual benefit. In the event a settlement cannot be reached, unless otherwise provided by law, both parties agree that the Taoyuan District Court in Taiwan shall be the court of first jurisdiction.

In the event this Consent is not exhaustive, it shall be interpreted and supplemented in accordance with the laws of the Republic of China.