2. Notice for the Personal Information Protection Act
(1) Who is collecting the data: Pinkoi.
(2) Why are data collected: To provide our services, marketing, contracts or agreements, other legally related matters, consumers and customer management and services, online shopping and other e-commerce services, advertising and commercial management, and other business as designated in the business registration or organization charter.
(3) Types of data collected: Identification (name, address, contact number, email address); characteristics (age, gender, date of birth, etc.); cultural attributes (hobbies, leisure activities, lifestyle, consumption habits, etc.); others (email correspondence, website messages, system automatic tracking records, etc.).
(4) Data use period: For as long as membership remains valid, or within 6 months of account deletion, or for non-members 6 months after the purpose of the data collection is no longer valid.
(5) Data use location: The location of Pinkoi's business operations and host server, which are currently based in Taiwan.
(6) Who we give personal data to: Pinkoi, and companies that help us provide services (e.g., logistics companies, financial institutions or gift sponsors, display product manufacturers); if data are collected by us in conjunction with another company, this will be indicated.
(8) How to exercise your right to personal information: Under Clause 3 of the Personal Data Protection Act, you can: (i) access or request to obtain your data, (ii) request for a copy of your personal data, (iii) request to add to, amend, or correct your personal data, (iv) request to stop the collection, processing, or use of your data, and (v) request to delete your data. To do so, please contact us. In the case of missing emails or miscommunication, action is subject to Pinkoi's reply. After a request is received, we will process the request as soon as possible.
(9) Filling in optional information: If the personal data requested are stated as optional, not filling these in will not affect your right to use our services; nonetheless, filling these in will enable us to provide a better browsing experience on our Platforms.
3. Collection, Processing, and Use of Personal Data
After acquiring your approval, some information from our Platforms may be posted on your social media pages (e.g., Facebook). If you do not approve, please do not click the agree button, or later remove or deny the posting of such information through the social network's membership settings. If you have further questions, please contact us; we will do our best to assist you with your query. We will not arbitrarily offer your personal data to third parties, except when required to by legal and inspection bodies, related authorities, or companies that help us provide services.
For later identification, when you use the services provided by our website, we may set and access your cookies. You can decide whether or not to accept cookie in your computer settings or Internet settings. Please note that turning off cookies may result in reduced functionality or the disabling of certain features of our website.
5. Confidentiality and Security
Staff members with access to your personal data will be restricted to those for whom we reasonably believe that such access is necessary for providing our products or services to you, or for completing relevant tasks. To protect your account and personal data, please do not reveal your username or password to a third party, nor allow a third party to apply for an account using your personal information. If you choose to reveal your personal information to third parties, you will be personally responsible for any subsequent adverse actions. If your account username or password is compromised, please immediately change your password or ask us to suspend your account (we may ask for personal information to confirm your identity).
The Internet is not a secure environment for transmitting information. Therefore, when you use our Platforms, please do not give sensitive information to third parties or post such information on our Platforms.
6. Protection of Minors
Our Platforms are not designed for minors. Users under 18 should acquire permission from a parent or legal guardian before using our services, or use our services under the supervision of a parent or legal guardian. Furthermore, the parent or legal guardian must agree to our collecting or using of any personal data provided. The parent or legal guardian may ask Pinkoi to suspend their minor's account, or to stop the collection, processing, and use of their minor's personal data, at any time.
You may amend your personal details at any time from your account settings. We reserve the right to send you messages regarding Pinkoi's news and services, and management announcements. These messages are regarded as a part of your membership agreement, and cannot be opted out of.
Have a question or suggestion?
If you have any questions or suggestions relating to the above Policy, please contact us.
Terms & Policies
1. Acceptance of Terms
Pinkoi (HK) Limited, Taiwan Branch, a company incorporated in Taiwan, ROC (hereinafter referred to as “Pinkoi”), provides Pinkoi services (defined below) subject to the following Terms of Service ("TOS"). By using Pinkoi's services, it is presumed that you have read, understood, and agree to be bound by the terms and provision of the TOS. In addition, when using particular Pinkoi services, you and Pinkoi shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules (including but not limited to our Spam Policy) are incorporated by reference into the TOS.
Pinkoi reserves the right to revise or update the content of the TOS at any time. Therefore, it is recommended that you review the TOS regularly. By continuing to use our services after any revision or updates to the TOS, it is presumed that you have read, understood, and agreed to the revisions or updates. If you do not agree with the content of the TOS, or your country or area excludes our TOS, please stop using our services immediately.
If you are under 18 years of age, and you use or continue to use our services, it is presumed that a parent or legal guardian has read, understood, and agree to the content of the TOS and its subsequent revisions or updates.
2. Links to Third Party Websites
Pinkoi or companies that help us provide services may provide links to external websites or online resources. By clicking on third party links on Pinkoi's platforms, you acknowledge and agree that Pinkoi is not associated with, responsible for, or endorses any content, advertising, products, or other materials on or available from such sites or resources. All external websites operated by third parties are the sole responsibilities of their web operators and therefore beyond Pinkoi's control and responsibility. Pinkoi cannot guarantee the appropriateness, reliability, timeliness, effectiveness, correctness, and completeness of external websites.
3. Your Registration Obligations
In consideration of your use of Pinkoi's services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by Pinkoi's registration form; and (b) maintain and promptly update the above-mentioned information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or there is reason to suspect so, Pinkoi has the right to suspend or terminate your account and deny your use of all, or part, of our services.
4. User Account, Password, and Security
Upon completing the registration process for using our services, you are responsible for maintaining the confidentiality of your account and login details (username and password). In addition, you agree to (a) immediately notify Pinkoi of any unauthorized use of your account or account login or any other breach of security; and (b) ensure that you log out from your account at the end of each session.
5. Your Content
By creating, uploading, posting, sending, receiving, storing or otherwise making available any of Your Content (collectively, “Content”), including but not limited to, text, images, videos, reviews and comments, on or through Pinkoi services, you represent and warrant that you have all rights and/or consents that are necessary to grant to Pinkoi the rights to such Content, as contemplated under the TOS.
You hereby grant Pinkoi a non-exclusive, worldwide, royalty-free license, irrevocable, perpetual, with the right to sublicense and transferable license, to use, copy, modify, prepare derivative works, translate, distribute, license, restore, transmit, adapt or otherwise exploit such Content on, through, or by means of our services. Pinkoi may use Content to promote Pinkoi or our Services in general, in any format and through any channels, including but not limited to email, third-party websites or advertising mediums.
You acknowledge and agree that you are solely responsible for all Content that you make available on, through or by means of our services, and that you will indemnify Pinkoi for all claims resulting from Content you supply. You represent and warrant that the Content will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, other proprietary, intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
To assist members who speak different languages, Content may be translated, in whole or in part, into other languages. Pinkoi services may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement. Pinkoi also cannot guarantee the accuracy or quality of such translations, and you are responsible for reviewing and verifying the accuracy of such translations.
6. Protection of Minors
The Internet contains information that is not suitable for minors, such as those containing pornographic or violent content, which may result in mental, spiritual, or physical harm to minors. Therefore, in order to ensure safety on the Internet for minors, and to avoid privacy breaches, a minor's parent or legal guardian shall have the obligation to:
7. User's Legal Obligation and Commitment
You agree to never use Pinkoi's services for any illegal purpose or in any unlawful manner, and undertake to comply with related laws of the ROC (Taiwan) and all international practices for Internet use. If you are a user outside the ROC, you agree to comply with the laws of your country or region. You agree and pledge not to use Pinkoi's services to infringe on the rights or interests of others, or for any illegal conduct. You agree not to use Pinkoi's services to:
(a) upload, post, publish, email, transmit, or otherwise make available any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that is libelous, defamatory, unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, false, invasive of another's privacy, hateful, or that violates or incites violation of public order, or that is racially, ethnically, or otherwise objectionable; (b) upload, post, publish, email, transmit, or otherwise make available any Content that violates or infringes on another person's reputation, privacy, trade secrets, trademark, copyright, patent rights, other intellectual property rights, or other rights; (c) upload, post, publish, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law, or under contractual or fiduciary relationships; (d) impersonate any person or entity including using another person's name to use our services; (e) upload, post, publish, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) engage in illegal transactions, post false or erroneous messages, or post message that induce others to commit crimes; (g) upload, post, publish, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (h) harm minors in any way; (i) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through our services; (j) interfere with or disrupt the our services, or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services including using any device, software or routine to bypass our robot exclusion headers; (k) "stalk" or otherwise harass another, or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs "a" through "j" above; and/or (l) to conduct any other activity or behavior that Pinkoi sees as inappropriate on reasonable grounds.
8. System Interruptions or Breakdowns
When accessing Pinkoi's services, you may at times encounter interruptions or breakdowns. This may lead to inconvenience during use, loss of information, errors, unauthorized alteration, or other economic losses. We advise that you take protective measures when using our services. Pinkoi will not be liable for any damage caused by your use (or inability to use) our services, unless it is caused by us intentionally or due to gross negligence on our part.
9. Information or Suggestions
Pinkoi does not guarantee the complete correctness and accuracy of information or suggestions acquired from your use of our services or other websites connected to our services (including but not limited to business, investment, medical, or legal information or suggestions). Pinkoi reserves the right to modify or delete at any time any information or suggestion provided under our services. Before making plans and decisions based on information or suggestions obtained from our services, you must obtain professional advice in keeping with your individual requirements.
Pinkoi may cooperate at any time with third parties ("Content Providers"), which may provide news, information, articles, video, e-newsletters, or activities for posting on Pinkoi. Pinkoi will state the Content Provider in all cases at the time of posting. Based on the principle of respect for the intellectual property rights of Content Providers, Pinkoi shall not perform any substantial review or revision of content from such Content Providers. You should make your own judgments concerning the correctness or authenticity of such content. Pinkoi shall not be held liable for the correctness or authenticity of this type of content. If you feel that certain content is inappropriate, infringes on others' rights, or contains falsehoods, please directly contact the Content Provider to state your views.
All advertising content, text or picture descriptions, display samples, or other marketing information that you see when using our services ("Advertisement"), are designed and provided by their advertising companies, or product or service suppliers. You should exercise your own discretion and judgment about the correctness and reliability of any Advertisement. Pinkoi only posts the Advertisement. Pinkoi shall not assume responsibility for any Advertisement.
11. Sales or Other Transactions
Suppliers or individuals may use our services to buy and/or sell (trade) products, services, or other transactions. If you engage in any transaction, the trade or other agreement exists between only you and the supplier or individual. You should request from such suppliers or individuals to provide prior detailed explanations and descriptions of their products, services, or other object of transaction in terms of the quality, content, shipping, warranty, and liability for warranty against defects. In case of any dispute arising out of a trade, service, or other transaction, you should seek remedy or resolution from the relevant supplier or individual.
12. Protection of Intellectual Property Rights
The programs, software, and all website content employed by Pinkoi, including but not limited to product information, images, files, website frameworks, website interface infrastructure, and webpage designs, and user content, shall in all cases constitute intellectual property rights legally in the possession of Pinkoi or other rights holder. Such intellectual property rights shall include but not be limited to trademarks, patent rights, copyrights, trade secrets, and proprietary technologies. No persons may willfully use, modify, reproduce, broadcast, transmit, publicly perform, adapt, disseminate, distribute, publish, restore, decode, or disassemble of said intellectual property. You may not quote, reprint, or reproduce the above-mentioned programs, software, and website content, without prior written permission from Pinkoi or the copyright owner, except when clearly permitted by the law. You must fulfill your duty to respect intellectual property rights, or bear full responsibility for any damage. In order to market and promote our services, product or service names, images, or other propriety materials related to these services belonging to Pinkoi and its affiliates (“Pinkoi Trademarks”) are protected by the Trademark Act and Fair Trade Act of 2010 (Taiwan) according to their registration or usage. You agree not to use Pinkoi Trademarks in any way, without prior written permission from Pinkoi.
Pinkoi may communicate legal or other relevant regulatory notices, including those regarding changes to the TOS, using but not limited to the following channels: email, postal mail, SMS, MMS, text message, postings on our services' webpages, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing our services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
You agree that Pinkoi may, at its own discretion, terminate, limit access to, or suspend your Pinkoi account (or any portion thereof), or the usage of these services, or remove or delete any “member content” within these services for any reason. Reasons for termination, access limitation, or suspension include, but are not limited to, (a) extended periods of inactivity, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Pinkoi services (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, (f) nonpayment of any fees owed by you in connection with the Yahoo Services, and/or (g) breaches or violations of the TOS or other incorporated agreements or guidelines. In addition, you agree that Pinkoi may, according to its discretion, with or without notice, at any time terminate or limit your usage of these services or any portion thereof. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Pinkoi's sole discretion and that Pinkoi shall not be liable to you or any third party for any termination of your account or access to these services.
15. General Information
The TOS constitutes the entire agreement between you and Pinkoi and governs your use of the Pinkoi's services, superseding any prior version of this TOS between you and Pinkoi with respect to Pinkoi's services. In all cases, the explanation and application of the TOS, and any disputes concerning the TOS, unless otherwise stipulated by law, shall all be handled according to the laws of Taiwan, and the Taiwan Taipei District Court shall be the court of first instance.
The failure of Pinkoi to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect. Please report any violations of the TOS to our Community Team.
Last updated on Dec. 21, 2017
Pinkoi provides e-commerce services for designers, artists, and creative individuals ("Seller") to sell their original design products to buyers from around the world. The use of intellectual property by any unlicensed party is considered infringement, which is against the law, Pinkoi's policies, Pinkoi's Shop Guidelines, and the Pinkoi Shop Agreement signed by all Sellers on opening their shop. To further protect the interests of right holders, Pinkoi established the following Intellectual Property rights policy ("IPR Policy"), which explains our procedures for resolving infringement disputes over content on Pinkoi.
Pinkoi does not review material uploaded by Sellers. Sellers, right holders, and all users acknowledge and understand that Pinkoi is not a judicial organ and cannot determine whether an infringement has occurred or not. If a right holder or an agent of the right holder ("Right Holder") finds infringing material on Pinkoi, s/he should:
- 1 Use Pinkoi message to contact the Seller who uploaded the allegedly infringing material ("Alleged Infringer"). Direct communication is the fastest and most effectively way to resolve disputes and clarify facts.
- 2 Submit a notice of infringement to Pinkoi, in accordance with the procedures set out in this IPR Policy. Please be aware that any person who submits fraudulent or abusive notices shall be liable for damages and legal fees incurred by any party injured by such misrepresentation.
Submitting a Notice
To submit a notice of infringement to Pinkoi, the following requirements must be met.
- 1 Pinkoi will only respond to notices of infringement from Right Holders.
- 2 The following information should be provided:
Reminder: In order to notify the Alleged Infringer, Pinkoi will forward certain parts of Notices and all supporting documents to that person. If the supporting documents contain confidential information, please do not disclose the information, or cover up the information before sending documents to Pinkoi. Pinkoi shall not be held liable for the disclosure of any information.
- 1 Upon receiving an Infringement Notice, Pinkoi will verify, within 7 business days, that the above-mentioned submission requirements are met. If affirmative, Pinkoi will forward a copy of the Notice to the Alleged Infringer. Moreover, Pinkoi will temporarily remove the allegedly infringing material.
- 2 If the submission requirements are not met, Pinkoi will request for the required documents within 3 business days. If the documents are not provided within the time frame, or Pinkoi cannot contact the person who submitted the Infringement Notice ("Original Claimant"), Pinkoi will take no further action with the Notice.
- 3 If the Alleged Infringer believes that there is no event of infringement and submits to Pinkoi a Counter Notice (with supporting documents), Pinkoi will forward the documents to the Original Claimant. The Original Claimant should provide Pinkoi, within 10 business days from the day after receiving the Counter Notice, with evidence of civil or criminal litigation filed against the Alleged Infringer.
- 4 If the Original Claimant does not provide evidence of litigation within the above-mentioned time frame, Pinkoi will restore the removed material within 14 business days from the day after forwarding the Counter Notice to the Original Claimant.
- 5 To prevent possible misuse of this IPR Policy, Pinkoi will not accept multiple submissions of Infringement Notices for the same material. If Pinkoi finds that a previous Notice has been submitted for that material, Pinkoi will notify the person who submitted the second Notice to seek another avenue for filing a civil or criminal litigation.
What You Should Know
Can Pinkoi help determine whether an infringement has occurred?
Upon receiving an Infringement Notice and supporting documents, Pinkoi still cannot determine whether an infringement has occurred or not. Only a court of law can determine infringement.
How can Right Holders submit Infringement Notices?
To submit, please send an email to email@example.com with the subject line "IP Infringement Notice". All required documents should be attached in the email.
How should Sellers respond to Infringement Notices?
- Upon receiving an Infringement Notice, Seller should carefully read the documents to understand the allegation.
- If Seller believes that no infringement has occurred, Seller should submit a Counter Notice and supporting documents to Pinkoi, and request for the removed material to be restored.
- IMPORTANT: If Pinkoi does not receive, within 7 business days, a reply to the forwarded Infringement Notice, Pinkoi may permanently remove the allegedly infringing material or terminate Seller's account.
More on Intellectual Property
Please note that the information below should be considered general advice only. The information is not a comprehensive legal guide, and Pinkoi cannot provide you with legal advice on intellectual property. If you have questions about intellectual property, please consult a lawyer or an intellectual property expert.
As a Right Holder, what kind of supporting documents can I provide to demonstrate infringement?
- Copyright: Provide documents that demonstrate you are the creator, author, or copyright holder (e.g., original drafts, evidence demonstrating the evolution of idea, registration/first publication date or place, or other documents indicating the true creator, author, or copyright holder of the intellectual property).
- Trademark/Patent: Provide a copy of the trademark or patent registration issued by any jurisdiction.
Other documents that can demonstrate infringement are accepted.
As a seller who received an Infringement Notice, how should I respond to Pinkoi? Do I have to submit a Counter Notice?
Pinkoi will only forward Infringement Notices and Counter Notices to Alleged Infringers and Original Claimants, respectively. If you have queries about an Infringement Notice sent to you, please directly contact the Right Holder, whose contact information is in the Infringement Notice. Alternatively, you can consult a lawyer or an intellectual property expert.
As a seller who received an Infringement Notice, I noticed that Pinkoi has already removed the allegedly infringing material. Does this mean that infringement is already determined?
In accordance with this IPR Policy and the law, Pinkoi must promptly remove allegedly infringing material upon receiving an Infringement Notice. Removal does not mean that infringement is determined, and is only a measure to prevent further damage. If you believe that no infringement has occurred, please submit a Counter Notice, which Pinkoi will forward to the Original Claimant.
As a seller who received an Infringement Notice, can I re-list a product after altering or changing the allegedly infringing material?
Even if the allegedly infringing material is altered or changed, you should not be re-listing the product if it is still involved in a dispute. Any re-listing will be dealt with according to Pinkoi's policies, Pinkoi's Shop Guidelines, and the Pinkoi Shop Agreement. Moreover, Pinkoi cannot determine whether the modified or changed material is still infringing on intellectual property rights. We suggest you consult a lawyer or an intellectual property expert to verify.
As a seller who received an Infringement Notice, I saw that Pinkoi has removed the allegedly infringing material. Why can I see other possibly infringing material in other Pinkoi shops?
Pinkoi does not have the expertise or authority to compare products or content between shops, or to determine intellectual property infringement. As stipulated by the law, Pinkoi is required to remove content upon receiving an Infringement Notice concerning the content.
If there are further queries, please email Pinkoi at firstname.lastname@example.org.
Pinkoi may revise this IPR Policy at any time. Amendments are made effective by updating this webpage.
Allowed & Prohibited Items
Pinkoi provides services over the Internet using, but not limited to, website, mobile Web, and mobile applications (hereinafter referred to as "Platforms"). We showcase original design items on our Platforms, helping independent designers reach an international market. At the same time, our Platforms' simple and intuitive interfaces allow design lovers to find and buy their favorite design items quickly and conveniently.
- 1. Original design: a product that is designed and/or created by a designer (or their team/manufacturer). Its design should show originality. The product should not be listed as a prohibited item in the Allowed & Prohibited Items policy.
- 2. Authorized representation: a product that is designed by someone else, but the designer or brand owner/company has signed a document stating that you are an authorized seller of that product.
- 3. 10+ year-old vintage: a product that is graced with age (10+ years), in good condition, and rare.
- 1. Products that do not belong to the categories of "original design," "authorized representation," or "10+ year-old vintage" (see definitions above).
- 2. Items in small or large quantities brought back from abroad, for which you cannot provide documentation stating your selling rights.
- 3. Products that belong to a different product category from the products you submitted for evaluation on your shop application form.
- 4. Fakes, copies, or products that infringe copyrights, trademarks, other intellectual property rights, or proprietary rights of third parties.
- 5. Products that infringe Taiwanese intellectual property rights or proprietary rights including trademarks or drawings used without permission (e.g., cartoon or animated characters, movie characters, celebrities, etc.).
- 6. Products made by following tutorials, online videos, instructions, or books (i.e., non-original design).
- 7. Unprocessed or unseasoned fresh marine products, meat products, and other agricultural products.
- 8. Products not actually for sale (e.g., items for display).
- 9. Illustrations or computer drawings of products (i.e., not an actual existing product that you have taken a photo of).
- 10. Products for local pickup only, and cannot be delivered by a distribution company.
- 11. Rental items.
- 12. Where the product is a class or seminar.
- 13. Where the product is a service.
- 14. Where the product is a promotion or a form of advertisement.
- 15. Any alcohol or tobacco products as defined by the Tobacco and Alcohol Administration Act of Taiwan. Any products used to manufacture alcohol or tobacco.
- 16. Drugs, narcotics, or drug-taking equipment.
- 17. Products that contain radioactive substances, flammable substances, poisonous substances, or antidotes to these substances.
- 18. Medications, remedies, or equipment used for health treatment purposes (even with legal authorization for selling).
- 19. Live animals, taxidermized animals, or products made using parts of animals under conservation (e.g., elephant teeth bracelets).
- 20. Parts or remains of humans or animals.
- 21. Fireworks or firecrackers.
- 22. Weapons (e.g., guns, gun powders, ammunitions, bullets, or explosives).
- 23. Harmful substances (e.g., anything that could be flammable, explosive, erosive, or poisonous).
- 24. Real estate or transportation that requires a license (e.g., cars, motorcycles, or boats).
- 25. Products that are stolen or for which you cannot provide proof of ownership.
- 26. Personal data (e.g., phone directories or security background data).
- 27. Government documentation or licenses, identity cards, passports, police equipment or those of other law enforcement organizations (including uniforms or badges).
- 28. Sales receipts, donation receipts, lotteries, or scratch cards.
- 29. Currencies, shares, evidences of shareholding, bonds, investment interests, real-estate holdings, or other securities.
- 30. Pornographic materials, items that are sexual in nature, anything that contain sexual connotations, or anything that can be interpreted as obscene or indecent.
- 31. Products that hint at violence or is violent in nature.
- 32. Products that can be interpreted as personal attacks on certain persons or peoples, or that hint at discrimination.
- 33. Products that are racially, religiously, or ethnically derogatory, or that promote hatred, violence, or racial and religious intolerances; products that show gender discrimination or discrimination against people with disabilities.
- 34. Other products that encourage illegal activities or public disturbances, or are illegal to sell, or are promotional in nature.
- 35. Other products deemed by Pinkoi as inappropriate or unfit for listing on Pinkoi's Platforms.
Pinkoi is only an online venue ("Platforms") for independent designers or authorized representatives ("Sellers") to list items, and for buyers ("Buyers") to negotiate orders and make purchases. We cannot ensure that any transaction will actually be completed. Pinkoi is not involved in the actual transaction between Sellers and Buyers, except as set out in Pinkoi Payment Processing (below). Dispute must be resolved between Buyers and Sellers.
Pinkoi Payment Mechanism: By registering for or using Pinkoi's services offered on its Platforms, Sellers and Buyers authorize Pinkoi to act as agent for purposes of processing payments, refunds, and adjustments for transactions, receiving and holding Sales Proceeds (as defined below) on their behalf, charging credit card of Buyers, and remitting Sales Proceeds to Sellers' accounts after charging Pinkoi fees in accordance with the tacit agreement made when the Sellers apply for and opens a Pinkoi shop.
"Sales Proceeds" means the gross proceeds from a sale, including all shipping and handling, gift wrap and other charges, but excluding any taxes separately stated and charged.
In the event that you have a dispute with a Seller or Buyer, Pinkoi will try to assist both parties to communicate and resolve the dispute. Pinkoi may disclose the Seller's contact details (registered company name, contact person name, phone number, email address, etc.) to the Buyer. Nonetheless, Pinkoi is under no obligation to provide any assistance. Moreover, you release Pinkoi (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Items are listed by the Sellers; inquiries about listings, including seller liability, should be addressed to the the Sellers directly. Pinkoi has no control over the items listed or the truth and accuracy of the listings, the ability of sellers to legally sell items or the ability of buyers to buy items.
Pinkoi online services as provided on its Platforms, database systems, interface designs, and program codes ("Services") are provided "as is." Pinkoi and its subsidiaries cannot give you any guarantees with respect to them. In particular, Pinkoi and its subsidiaries cannot represent or guarantee that: (a) your use of Pinkoi's Services will meet your requirements; (b) your use of Pinkoi's Services will be uninterrupted, timely, secure, or free from error; (c) the quality of any products and services purchased by you through Pinkoi's Services will meet your expectations; and (d) the details provided to you by other members will be correct. In addition, Pinkoi may at any time modify or upgrade its Services, causing temporary disruption to the network service. Pinkoi is not responsible for or liable to compensate for any loss or damage due to this temporary disruption.
Any third party software, hardware, and services (whether required or optional) that you use in conjunction with Pinkoi's services is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party. Moreover, no party will be responsible for any damages or other liability resulting from a party’s inability to receive or transmit to the service by any reason beyond the reasonable control of any party, including without limitation, any occurrence of any act of God, strike, industrial disturbance, act of terrorism, fire, electrical failure, major computer hardware or software failure, equipment delivery delay or act of a third party. In such cases, if the contact details that you have provided are incorrect, Pinkoi cannot accept any responsibility or liability for any damages resulting from lack of communication on our part.
Notice to Buyers: For us to protect your consumers' interests, please make your purchase on Pinkoi. If you have further queries, please email us at email@example.com.
Pinkoi is only an online marketplace that connects buyers and sellers. Order shipments, returns/refunds, or exchanges are managed by the individual shops. Buyers should contact sellers before requesting refunds, and provide a reason.
Except for customized and personal hygiene products, or other products unsuitable for resale, buyers may return an order and request for a refund, partially or in full, within 7 days counting from the day after the order arrives at the recipient’s address. Buyers are responsible for all shipping fees including the shipping fees of returns.
In the following circumstances, sellers are responsible for the shipping fee of returns:
- There is a discrepancy between a received product and what was stated in the original order (including but not limited to product size, model, style, color, and quantity).
- A received product is defective (including but not limited to poor quality and products damaged in transit).
- A received product is not as described (including but not limited to product use and features).
- The recipient did not receive a product (including but not limited to unshipped items, or items lost in transit).
Except for these circumstances, customers are responsible for the shipping fee of returns.
If seller's country has stricter consumer rights protection laws than the terms of this Returns Policy, the seller agrees to adopt the stricter laws when the buyer resides in the same country.
For more information on refunds and returns, please see our FAQ. https://en.pinkoi.com/faq/refund
Pinkoi has updated its Returns Policy on September 6th, 2017. If you wish to view the previous policy, you can do so using the following link: pinkoi.me/2f1QCuc