(both parties, Party A and Party B) Whereas: Based on the popularity and reputation of Jinsha international jewelry e-commerce platform, Party B is willing to submit Party B's products to the purchaser through Jinsha international jewelry e-commerce platform. Both parties sign this contract on the above cooperation matters
1.1 Goldenfirs jewelry e-commerce platform: Party A's e-commerce platform website providing platform support and operation services, including the website with the website www.goldenfirs.com and other websites designated by Party A
1.2 launch: release commodity sales information and start selling commodities on Goldenfirs jewelry e-commerce platform
1.3 offline: stop publishing commodity sales information and selling commodities on Goldenfirs jewelry e-commerce platform
1.4 goods: the products released by Party B on Goldenfirs jewelry e-commerce platform, including but not limited to the goods themselves, accessories, accessories, promotional gifts, gifts and their packaging
1.5 purchaser: registered purchaser of Party A's Goldenfirs jewelry e-commerce platform
1.6 qualification documents: according to the provisions of laws, regulations and rules or the requirements of commodity brand holders, Party B must have the company's business license, tax registration certificate and other relevant certificates to sell goods, as well as the qualifications and authorization documents to operate and sell goods
1.7 rules of Goldenfirs jewelry e-commerce platform: any normative documents related to Party B's operation whose indicators are shown on the Goldenfirs jewelry e-commerce platform, including but not limited to Party B's background information announcement, Party B's background help center, etc
2.1 after Party A opens the store service for Party B in accordance with Article 9 of this contract, Party B can use Jinsha international jewelry e-commerce platform to publish commodity information, conduct online communication with other users of Party A who are willing to buy Party B's commodities, conclude a sales contract, and provide after-sales services to users who purchase their commodities through Jinsha international jewelry e-commerce platform, At the same time, you can participate in activities related to Jinsha international jewelry e-commerce platform and use other paid services agreed to be provided by Jinsha international jewelry e-commerce platform.
2.2 business mode of Party B's store: the goods in Party B's store are uploaded, displayed, replied to, sold, delivered and provided with after-sales services in the name of Party B; In case of any dispute or dispute arising from Party B's sales and services and the investigation of state organs, Party B shall deal with it as a seller Jinsha international jewelry e-commerce platform does not participate in the operation of Party B's store, and does not bear the legal consequences of the above disputes, disputes and investigations, which shall be borne by Party B independently. If the loss of Jinsha international jewelry e-commerce platform is caused, Party B shall compensate
2.3 Party A provides a platform and related services to facilitate the transaction between Party B and the purchaser Party B and the purchaser shall decide whether to conduct transactions according to their prudent and reasonable judgment. Party A does not make any express or implied commitment or guarantee for the conclusion, performance and risks of the purchase and sale contract relationship between Party B and the purchaser, nor does it assume the responsibility of advance payment or compensation for the delay in payment or any loss caused by the transaction.
3.1 Party B shall pay the service fee to Jinsha international jewelry e-commerce platform in proportion when reaching each transaction. The service fee charging standard shall refer to the charging standard of Jinsha international jewelry e-commerce platform
3.2 in principle, Party B does not need to pay deposit to party a when entering Party A's platform. In case of infringement, breach of contract or violation by Party B, Party A may, in accordance with the relevant provisions in this contract signed with Party B and the rules of Jinsha international jewelry e-commerce platform, have the right to immediately offline the commodity related information provided by Party B, and cooperate with the complainant to provide corresponding data.
3.3 when the contract between Party B and Party A is terminated or Party B quits Party A's platform, if there is no violation of this contract or the rules of Goldenfirs jewelry e-commerce platform, Party A has the right to remove the relevant information provided by Party B
4.1 the contents of this contract include the text of the contract and all kinds of rules that have been published or may be published in the future on Goldenfirs jewelry e-commerce platform. All rules are an integral part of the contract and have the same legal effect as the text of the contract
4.2 Party B promises to accept and abide by the relevant rules while using the services provided by Goldenfirs jewelry e-commerce platform Jinsha international jewelry e-commerce platform has the right to formulate and modify this contract or various rules from time to time as required. If there is any change in this contract, Jinsha international jewelry e-commerce platform will notify Party B in the form of publicity on the website. If Party B disagrees with the relevant changes, it must immediately terminate this contract by written notice. Any amendments and new rules will automatically take effect as soon as they are published and become a part of this contract. Logging in or continuing to use the service will mean that Party B accepts the revised contract Unless otherwise expressly stated, any new content that expands the scope of services or enhances functions shall be bound by this contract.
4.3 Party B's signing or online acceptance of this contract does not cause this contract to take effect immediately. When it is reviewed and approved by Jinsha international jewelry e-commerce platform and a service opening notice is sent to Party B, this contract will have legal effect between Party B and Jinsha international jewelry e-commerce platform
5.1 provide a platform and related services for Party B to sell products
5.2 Party A shall perform the payment obligation to Party B from the supervised purchaser's account according to the purchaser's requirements, and the specific payment time and payment method shall be determined by the specific order
5.3 Party A has the right to review Party B's registration data, published information and trading behavior according to Party B's qualification documents and commodity conditions, and decide whether the commodity can be launched on Jinsha international jewelry e-commerce platform
5.4 Party A has the right to publish platform rules on Goldenfirs jewelry e-commerce platform, and Party B should abide by them
5.5 in view of the particularity of Internet services, such as cross regional and new rights and interests, Party B agrees that when Party A, purchasers or other third parties have evidence to accuse Party B of suspected infringement of the goods published by Party B and Party B is unable to provide a reasonable explanation within 1 working day, Party A can take measures to promote fair trading, including but not limited to commodity concealment, suspension of settlement, Party B's offline, etc, At the same time, Party A has the right to temporarily stop providing services to Party B until Party B and the purchaser reach a consensus to terminate the relevant allegations, and Party B shall make full compensation to Party A for the damage caused to Party A.
5.6 Party A has the right to transfer all or part of the rights under this contract to any branch, subsidiary or parent company of Party A according to the needs of business adjustment and internal management, or Party A authorizes any branch, subsidiary or parent company of Party A to perform its obligations under this contract and bear joint and several guarantee liabilities for its performance; Party B agrees and confirms that there is no need to notify and / or obtain Party B's confirmation under the above circumstances
5.7 Party A is responsible for providing Party B with information storage space and ensuring the security of Party B's information and data under non force majeure circumstances
6.1 Party B is the owner, provider and seller of the goods, and shall be fully responsible for the personal or property damage caused by the use of Party B's goods according to law
6.2 abide by the rules of Party A's platform and provide necessary support and help for Party A's services
6.3 it is not allowed to conclude contracts and conduct transactions privately with the purchasers introduced by Party A
6.4 pay Party A the sales commission and service fee on time according to the contract
7.1 ensure that the registration materials submitted on the Jinsha international jewelry e-commerce platform are true, accurate, legal and effective, and properly keep the user name (store user name) of the Jinsha international jewelry e-commerce platform that is used together with the self set password. It is not allowed to transfer or authorize others to use it without authorization, and take full responsibility for all activities using the user name and password.
7.2 guarantee to meet the entry conditions agreed in this contract, ensure that the supporting documents and other relevant certificates submitted to Party A are true, accurate, legal and effective, and ensure to notify Party A in time when the above materials are changed, and update them on Jinsha international jewelry e-commerce platform
7.3 we guarantee to abide by the relevant provisions of this contract and the annexes and the relevant rules and procedures of Jinsha international jewelry e-commerce platform, and strictly follow the above provisions and rules and procedures when using the relevant services of Jinsha international jewelry e-commerce platform, and do not engage in any behavior detrimental to the interests of Party A
7.4 we guarantee that we have the legal right to sell the goods operated on Goldenfirs jewelry e-commerce platform, the quality of the goods is qualified, meets the relevant national quality standards, does not infringe the legitimate rights of any third party, and independently bear all legal responsibilities for the quality and legitimacy of the goods
7.5 we guarantee that the commodity information published on Jinsha international jewelry e-commerce platform is true and accurate, conforms to the rules of Jinsha international jewelry e-commerce platform and the provisions of relevant national laws and regulations, is consistent with the commodities actually sold, does not contain any exaggerated or false content, and bears independent and complete legal responsibility for the commodity information. If the above information released is changed, Party B shall update it on Jinsha international jewelry e-commerce platform in time. If the legal consequences are caused by the failure to change the information in time, Party B shall bear all responsibilities independently.
7.6 ensure to abide by the principle of good faith in the process of trading using Goldenfirs jewelry e-commerce platform, do not take unfair competition behaviors such as fraud, false publicity and confusion in the transaction, do not disturb the normal order of online trading, and do not engage in acts unrelated to online trading
7.7 it is guaranteed not to use any data obtained from Jinsha international jewelry e-commerce platform for purposes other than those agreed in this contract, and it is also guaranteed not to obtain, use and disseminate any data of Jinsha international jewelry e-commerce platform without the prior written permission of Party A, including but not limited to transaction data, user information, payment information, information displayed on Jinsha international jewelry e-commerce platform by other users of Party A, etc.
7.8 Party B shall not publish any information on Goldenfirs jewelry e-commerce platform to attract Party A's purchasers to trade on other platforms or Party B's own online sales platforms or channels, nor carry such information to attract Party A's users in the delivery package
7.9 without the written permission of Party A, Party B shall not transfer all or part of the rights and obligations under this contract to a third party; If Party B hires a third-party operating company to operate the store on behalf of Party B, all acts of the third-party operating company shall be deemed to be implemented by Party B in person, and Party B shall bear all legal consequences; The rights and obligations between Party B and the third-party operating company shall be solved by Party B and the third-party operating company separately, which shall not affect the rights of Party A and other users of Party A
7.10 the quality of goods shall be true and consistent with the external identification, description and introduction of goods, and there shall be no forgery, adulteration, counterfeiting and other phenomena, and no false and exaggerated publicity
7.11 there will be no unpacked goods or "empty box" goods (lack of accessories, manuals and other random accessories, or even no main parts)
7.12 the quality of goods shall comply with the standards of relevant laws and regulations (if any) and industry standards (if any), not endanger human health, personal and property safety, meet the requirements of shelf life (if any), and not violate, including but not limited to, all laws and regulations related to health, safety, environment, identification, labeling, country of origin and toxic substances;
7.13 if the goods are imported from abroad, in addition to meeting the safety and quality standards of the exporting country and China, the customs duty payment certificate, the required customs clearance procedures, and the inspection certificate of the entry-exit inspection and quarantine authority (if applicable) must be provided
7.14 Party B guarantees that it has legal property rights (including but not limited to ownership, intellectual property rights and other rights) or has obtained legal authorization for the food, software and hardware products, ancillary facilities and technical data provided, and there is no infringement of the legal rights of others; If any, the legal liability and economic compensation arising therefrom shall be borne by Party B. If Party A is required to bear the responsibility by the purchaser, Party B shall compensate Party A for all losses caused by this, including but not limited to: direct losses, indirect losses, and litigation costs, attorney fees and other reasonable expenses incurred or borne by Party A by the purchaser and Party A from Party B.
7.15 for the products delivered to the purchaser, if defects are found during the agreed acceptance period, Party B shall bear corresponding responsibilities If any hidden defect is found within a reasonable time after the acceptance, which cannot be found despite the reasonable duty of care at the time of acceptance, Party B shall still bear the liability for defect warranty
7.16 Party B guarantees that for products with a shelf life, when Party B delivers the products to the purchaser or the place designated by the purchaser, the time limit from the expiration date of the shelf life of the products shall not be less than two-thirds of the total period of the shelf life (the time limit from the expiration date of the shelf life of the imported food to the products shall not be less than one-half of the total period of the shelf life); However, for products with a shelf life of less than 6 months, the time limit from the expiration date of the shelf life of the product shall not be less than three quarters of the total shelf life. After the expiration of the warranty period, Party B shall bear corresponding responsibilities for product defects found by the purchaser during the warranty period
7.17 Party B guarantees to undertake after-sales service in accordance with relevant laws and regulations, contract provisions and the provisions of the original factory. In case of any inconsistency between laws and regulations, contract provisions and the provisions of the original factory, Party B shall implement it in the most favorable way for the purchaser
7.18 once the goods are repaired or returned due to quality problems, the maintenance or return fees and round-trip freight incurred thereby shall be borne by Party B
8.1 entry conditions: Party B must meet the following conditions when applying to become a Kingsoft international jewelry e-commerce platform and entering Party B to carry out business activities on Goldenfirs jewelry e-commerce platform:
8.2 Party B has registered in accordance with the laws of the people's Republic of China and obtained a legal and valid business license and other business licenses
8.3 the goods Party B applies for to operate have legal sources and complete qualifications
8.4 Party B agrees to this contract and the relevant rules of Goldenfirs jewelry e-commerce platform
8.5 submission of supporting documents: Party B must submit supporting documents or other relevant certificates to Party A according to the relevant rules and requirements of Jinsha international jewelry e-commerce platform, including but not limited to business license, tax registration certificate, power of attorney, trademark registration certificate, quality inspection report, customs declaration, inspection and quarantine certificate, product source certificate, etc.
8.6 Party B guarantees that the above-mentioned supporting documents or other relevant certificates provided to Party A are true, legal, accurate and valid, and that in case of any change or update of the above-mentioned supporting documents or other relevant certificates, Party B shall be notified in time. If the change or update of the above-mentioned documents causes Party B to fail to meet the entry conditions specified in this contract, Party A has the right to unilaterally restrict Party B's operation in whole or in part until the termination of this contract
8.7 Party B shall bear all legal liabilities for the authenticity, legality, accuracy and effectiveness of the supporting documents or other corresponding certificates submitted by it. If Party B submits false or expired documents or fails to update or notify the supporting documents in time, resulting in disputes or being punished by relevant state authorities, Party B shall independently bear all legal liabilities. If losses are caused to Jinsha international jewelry e-commerce platform, Party B shall compensate.
9.1 for the specific stores that Party B plans to operate, Party A shall open services for Party B within 3 working days after Party B applies for opening a store and meets the following conditions
9.2 Party B has signed a charging agreement in accordance with the rules determined by Jinshan international jewelry e-commerce platform
9.3 Party B has submitted supporting documents or other relevant certificates in accordance with the contract and the relevant rules of Goldenfirs jewelry e-commerce platform, and has passed the review of Party A
9.4 Party B has been registered as a user of Goldenfirs jewelry e-commerce platform and this contract has been signed and entered into force
9.5 after Party A opens the service for Party B, Party B can use the user name and self set password of Jinsha international jewelry e-commerce platform to log in to the background of the business, upload and publish commodity information to Party B's specific store according to the relevant rules and procedures of Jinsha international jewelry e-commerce platform, communicate with users to reach a transaction, and use other paid services agreed in this contract.
9.6 stop of Party B's store service:
9.7 if Party B needs to stop the service of the store, it shall apply to Party A at least seven working days in advance, and Party A shall stop the service function of the store after Party A's approval
9.8 in case of any of the following circumstances, Party A has the right to stop the services of Party B's relevant stores at any time; 1) Party B does not meet the entry conditions 2) Party B provides false qualification documents 3) Party B's product price, specification and other information are marked incorrectly, resulting in administrative penalties, disputes and disputes 4) Party B's products are unqualified in quality and identification, or the products are suspected of smuggling, counterfeiting, second-hand goods, and repaired products 5) Party B's sales and services violate the legal rights of a third party or the provisions of laws and regulations 6) other violations of this contract or the rules of Jinsha international jewelry e-commerce platform, or other violations of Jinsha international jewelry e-commerce platform or the rights and interests of consumers that Party A believes
10.1 Party B agrees to compensate all losses (including but not limited to the full amount of litigation costs and attorney's fees) caused to Jinsha international jewelry e-commerce platform due to the use of services (including but not limited to displaying Party B's data on the website) or breach of this contract Party B agrees that Goldenfirs jewelry e-commerce platform will not bear any responsibility for any materials posted by Party B, including defamatory, offensive or illegal materials; Party B shall be fully responsible for the losses caused by such materials to other users
10.2 Party B promises that it will not take any means or measures, including but not limited to express or implied transfer of transactions that users can conclude online through the network platform of Jinsha international jewelry e-commerce platform or by other means, in order to avoid paying relevant service fees to Jinsha international jewelry e-commerce platform Otherwise, it will be deemed as a serious breach of contract, and Goldenfirs jewelry e-commerce platform will have the right to terminate this contract immediately, deduct its sales expenses as liquidated damages, and recover from Party B for the breach of contract.
10.3 unless otherwise agreed in this contract and the rules of Jinsha international jewelry e-commerce platform, if one party breaches the contract, the observant party may require the breaching party to stop the breach within the specified time limit by written notice and claim for the losses caused by the breach. If the breaching party fails to stop the breach on time, the observant party has the right to terminate this contract immediately.
10.4 as the recipient, Party A has the right to automatically deduct the sales commission
10.5 if Party B violates the confidentiality provisions, Party B shall pay liquidated damages to Party A at the higher of 30% of the amount involved or 100000 yuan / item / time
10.6 in case of any violation of any intellectual property agreement, Party B shall pay Party A liquidated damages of 30% of the amount involved, in addition to bearing the corresponding expenses according to the agreement
10.7 in case of Party B's breach of warranty or other commercial fraud, Party B shall pay liquidated damages to Party A at the higher of 30% of the amount involved in the fraud or 100000 yuan / item / time. This clause does not affect Party B's liability for breach of contract in accordance with other clauses "Commercial fraud" in this article refers to the commercial behavior that Party B violates the principle of good faith, provides false materials and information to Party A or the purchaser, or conceals the truth, so as to deceive Party A or the purchaser and obtain illegitimate interests.
11.1 under any circumstances, Party A shall not be liable for international Be responsible for the failure or delay of service caused by the order of the domestic court or the omission of a third party.
12.1 both parties are opposed to any form of commercial bribery. Party B promises that Party B or its directors, shareholders, employees, the handlers, payees, signatories and contacts of this contract have no direct or collateral relatives with Party A's employees and handlers in any sense, and shall not give any form of benefits to Party A's relevant personnel (including but not limited to rebates, securities, valuable gifts, tourism, special entertainment, unrecorded related party transactions or other benefits), Otherwise, Party B shall be deemed to be in serious breach of contract, and Party A shall have the right to terminate this contract and investigate Party B's liability for breach of contract.
12.2 Party B's remittance to Party A's agent or Party A's employees and their relatives or private accounts or company accounts with interests and connections through Party B's account, Party B's employee's account, and the remittance is not disclosed in written form with Party B's company seal before the contract is signed, which is regarded as commercial bribery.
12.3 in addition to the written disclosure, which has been sealed and confirmed by Party A and attached to this contract as an annex to this contract, Party B guarantees that Party A's staff responsible for working with Party B or the company he previously worked for have not carried out any form of cooperation with Party B before signing this contract; During the term of this contract, if any employee of Party A or Party A's affiliated enterprises becomes a shareholder or manager of Party B or Party B's affiliated enterprises, Party B must immediately notify Party A's integrity department in writing
12.4 any violation of the above agreement shall be deemed as a serious breach of contract by Party B, and Party A shall have the right to withhold all payments payable to Party B or recover RMB 500000 from Party B as liquidated damages. The liquidated damages shall be the reasonable expected damages agreed by both parties through negotiation
12.5 if any employee of Party A requests to give him any form of improper benefits, Party B shall immediately notify Party A, and Party A will deal with it fairly after verification, and keep it confidential; At the same time, Party A will give Party B more preferential business opportunities at the discretion of Party A according to the specific circumstances
12.6 the email of Party A's integrity department is: [lz＠goldenfirs.com]
13.1 the staff of both parties know or hold any trade secrets of either party due to the execution of this contract, and the relationship established by both parties due to this contract. Both parties shall bear the obligation of confidentiality during and after the performance of the contract. If one party violates this obligation and causes losses to one party, it shall be liable for compensation.
13.2 both parties guarantee that during the signing and performance of this contract, there will be no bribery and other improper transactions from the personnel of one party to the personnel of the other party. Otherwise, one party has the right to terminate the contract at any time after verification, and all losses caused thereby shall be borne by the party who offers bribes or has improper transactions
14.1 if Party B is unable to perform the contract due to force majeure, it may be partially or completely exempted from liability according to its impact. However, if force majeure occurs after one party's delay in performance, it shall not be exempted from liability
14.2 when the force majeure accident is terminated or eliminated, the party affected by the accident shall notify the other party by email or fax as soon as possible. If the event of force majeure lasts for 30 days or the purpose of the contract cannot be achieved, the parties may terminate the contract
15.1 Party A has the right to terminate this contract at any time by notifying Party B in writing 30 days in advance. This contract will be terminated when the notice is delivered to Party B's address
15.2 in case of the following circumstances of Party B, Party A has the right to terminate this contract by written notice without prior notice, and the contract shall be terminated from the date of delivery of the notice
15.3 in case of termination of the contract as agreed in this contract or annexes
15.4 when the business license is revoked or the business is suspended by the administrative department of the government, and other circumstances that result in the loss of legal business identity or qualification occur
15.5 apply for bankruptcy and enter liquidation procedures
15.6 transfer all or part of the rights or obligations under this contract to the Purchaser without the consent of the other party
15.7 there is evidence proving that the other party has commercial bribery problems
15.8 unless otherwise expressly agreed in this contract, Party A has the right to terminate the contract under the following circumstances:
15.9 Party B's business condition is seriously deteriorated, or Party B transfers assets, withdraws funds, or loses its business reputation, or has lost or may lose the performance of its debts
15.10 Party B seriously violates the contract and fails to correct after 7 days of written notice from Party A
15.11 after the two parties stop cooperation for any reason, Party B shall not be exempted from the responsibility of after-sales service and product assurance to the Purchaser under this contract, and Party B shall still perform the after-sales service obligation and product quality assurance responsibility in accordance with the relevant provisions of this contract on after-sales service; After the termination of the cooperation between Party A and Party B, if Party A or other third parties suffer personal or property losses due to Party B's commodity quality problems or after-sales service problems, Party B shall still bear all responsibilities independently.
16.1 this contract shall be governed by and construed in accordance with Chinese law. Both parties hereto agree that any dispute arising from the performance of this contract by both parties hereto shall be subject to the jurisdiction of the court where Party A is located
16.2 if any provision of this contract is deemed invalid or unenforceable, the above provisions can be separated, and the rest will still have legal effect
17.1 this contract shall be valid for two years from the date of signing this contract by Party B. Before the signing of this contract, if both parties have actually cooperated, the validity of this contract is calculated from the date of the actual cooperation, but the contract period is still two years from the date of signing this contract by Party B. 17.2 one month before the expiration of the contract, both parties begin to negotiate and sign a new contract. If this contract has expired, but the new contract has not been signed, if Party B continues to use Party A's platform and related services, in order to ensure the continuity of cooperation between both parties, the validity of this contract will naturally be extended to the date of signing the new contract, which shall not exceed 60 years Days Once the new contract is signed, its effective date will be traced back to the next day of the expiration date of the contract and replace the provisions of the original contract. After the new contract is signed, the contract will automatically terminate
17.1 this contract shall be valid for two years from the date of signing this contract by Party B. Before the signing of this contract, if both parties have actually cooperated, the validity of this contract is calculated from the date of the actual cooperation, but the contract period is still two years from the date of signing this contract by Party B. 17.2 one month before the expiration of the contract, both parties begin to negotiate and sign a new contract. If this contract has expired, but the new contract has not been signed, if Party B continues to use Party A's platform and related services, in order to ensure the continuity of cooperation between both parties, the validity of this contract will naturally be extended to the date of signing the new contract, which shall not exceed 60 years Days Once the new contract is signed, its effective date will be traced back to the next day of the expiration date of the contract and replace the provisions of the original contract. After the new contract is signed, the contract will automatically terminate