JTMM Terms of Use
Welcome to www.jtmm.ru（Hereinafter referred to as JTMM) website.This Terms of use is between you and Tianshi GMBH(registered address: Georg-Wilhelm-str.3 10711 Berlin,Germany). Tianshi GMBH(registered address:Georg-Wilhelm-str.3 10711 Berlin,Germany) is collectively referred to below as "JTMM", "WE "," US ", "OUR"，which govern your use of our website and mobile application. In addition to the Terms of Use, our Website Privacy Policy also applies. Please read it carefully.
1. SERVICE PROVIDER
Tianshi GMBH(registered address:Georg-Wilhelm-str.3 10711 Berlin,Germany) provide JTMM features (e.g. searching for products and reviews) and other products and services to you when you visit , use our Website for shopping, or use JTMM applications for mobile devices (collectively "Services"). JTMM provides the Services to you subject to the conditions set out below.
2. GENERAL USE OF OUR PLATFORM
2.1 Permission to use our platform
2.1.1 JTMM and its licensors are the sole owners of all JTMM trademarks, logos, domain names, and other features of the JTMM trademark. These JTMM Terms of Use do not grant you any rights to use any trademarks, whether for commercial or non-commercial use.
2.1.2 All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the intellectual property of JTMM or its content suppliers.
2.1.3 Provided that you comply with these Terms of Use and any applicable terms and conditions, JTMM grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Services.
2.1.4 This license does not include:
· any resale or commercial use of the Services or their contents;
· any collection and use of any product listings, descriptions or prices;
· any derivative use of any Service or its contents;
· any use of data mining, robots, or similar data gathering and extraction tools;
· any reproduction or duplication of the Services for any commercial purposes.
2.1.5 The Services and website content are not sold or transferred to you, and all rights to reproduce our technology and the contents remain with JTMM and its licensors, suppliers, publishers, rights holders, or other content providers.
2.1.6 You may only use the Services as permitted by law or these Terms of Use and may not misuse the Services. The license to use the Services granted by JTMM terminate if you do not comply with these Terms of Use or any of our other Terms.
2.2 Third party content and links to external websites
2.2.1 Some of our Services contain content from third parties (e.g. product reviews of other users or questions about products from other users). You may not use this content without the permission of that person or entity. The views expressed in other people's or organizations' content are the views of those people or organizations and do not necessarily reflect the views of JTMM.
2.2.2 Our website contains links to external websites or videos on external websites operated by third parties. These external links are intended to make our website more user-friendly and are enabling us to provide relevant information. All external links are marked using a standard symbol, e.g. "Link ".
2.2.3 External websites are operated independently of our web presence. If we provide links to the websites of other organizations, the processing of personal data by these organizations shall not be covered by these Terms of Use. Linked pages will have their own Terms of Use and Privacy Policy. We advise you to check these carefully when visiting a linked website. The availability of the linked website and its content are not subject to JTMM's control and JTMM does not have any influence on the external website or assume any liability in this regard. In particular, JTMM is not responsible for the content of the external website and does not warrant that the content is correct, complete, or up-to-date. In particular, JTMM does not warrant that access to the external website is uninterrupted, or that the external website is secure and free of errors or viruses. However, if we become aware that an external website is not secure, we will immediately delete the link from our website.
3. YOUR ACCOUNT
3.1 Registration process
3.1.1 To shop on and use all features of our website and our JTMM applications for mobile devices, you must register a user account as described in more detail below.
3.1.2 If you are under the age of 18, you can only register on our platform and post User Generated Content (as defined in Section 3.3.1 of these Terms of Use) with the explicit consent and under the supervision of your parents or legal guardians. If we discover that you have misled us or have misrepresented your age, we shall be entitled to delete your account without warning, terminate the contract between us and/or to pursue any legal remedies which we may be entitled to pursue.
3.1.3 Registration of user accounts takes place online on our website or in our JTMM applications for mobile devices. After entering the required data in the registration form, you must read and accept our Terms of Use and read our Website Privacy Policy, and click on the button "Set up account."
3.1.4 In order to complete the registration process, you have to verify your email address. After you submit your data to our website, we will send you an email with a verification link to the email address you provided. By clicking on this link you verify your email address.
3.1.5 You may not use a false email address, impersonate any person or entity, or otherwise mislead us about your identity.
3.1.6 For your convenience, you may use one of your social media accounts to register and log in on our website or JTMM applications for mobile devices ("Social Login"). We currently offer Social Login from the following platforms:
When using Social Login, we collect the personal data from your user profile of the respective social media account which is required for the registration. For more details on how we process your personal data when using Social Login, please refer to our Privacy Policy Website.
3.1.7 In order to prevent multiple registrations, each user is only allowed one registration in their name. Multiple registrations will be rejected during the registration by means of an error message or in text form either by email or by post.
3.1.8 The Terms of Use their respective current iteration apply to the relationship between you and JTMM.
3.2 Responsibilities in connection with your account.
3.2.1 You are obliged to keep data such as your email address, mobile phone number and payment data up to date and complete. You are responsible for informing us of any changes in the information with which you have provided us. Should JTMM determine that this is not the case, JTMM shall be entitled to suspend the account. You can access and update all of the information with which you have provided us, including your account settings, in the account area of the website and JTMM applications for mobile devices.
3.2.2 Your email address and a password of your choice will be used to access all features of our Services and for communication with you. You also may be prompted to answer several security questions or select other security access keys or credentials issued to you that may be used to enable access to the Services. Your email address and password are your “Credentials” .If you use the Services, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your computer and devices against unauthorized parties.
3.2.3 You should notify us immediately if you have reason to believe that your Credentials have been compromised, so that we can suspend use of your account with our Services. You must also notify us through email if you wish to request us to unblock your account.
3.2.4 You are prohibited from using our Services
(i) in any way that results or is likely to result in any damage to or interruption or impairment of any service or access to any service; or
(ii) for fraudulent purposes or in connection with a crime or other unlawful activity.
3.2.5 We reserve the right to refuse our Services or to terminate accounts. This will in particular be the case if you are in breach of any laws, contractual provisions, our guidelines or our policies.
3.2.6 In the event that any claims are brought against JTMM resulting from third party access to information stored in a user account on the website and where the third party access was authorized by the user in question or the user had knowledge of the third party use, you agree to indemnify and hold JTMM harmless from and against any and all damages (including reasonable legal fees) incurred by JTMM as a result of such claims.
3.3 Interactions on our Services
3.3.1 You may post reviews, comments, pictures and other content; send messages, suggestions and other communications to us; submit ideas, questions or other information ("User-Generated Content"), as long as the content is not
· offensive, insulting, defamatory, pornographic, threatening or obscene
· unlawful or has the purpose or effect of committing or aiding the commission of any unlawful act of any nature, including infringement of any intellectual property rights of JTMM or third parties
· containing harmful content such as malware, Trojan horses or viruses, or otherwise interferes with access to the Services
· harassing or bullying other users
· impersonating another user or any other person or entity, or misrepresenting your affiliation with another user or person or entity, or is otherwise fraudulent, false, misleading or deceptive
· involving the transmission of unsolicited mass mailings or other forms of spamming ("spam"),
· involving commercial or sales activities such as advertising, promotions, contests, sweepstakes, or pyramid schemes not expressly authorized by JTMM
· interfering with or otherwise disrupting the Services, tampering with, violating or attempting to tamper with the Services or JTMM computer systems, network, usage rules, security components, authentication measures or other measures to protect the Services, the Content or any part thereof, or attempting to discover vulnerabilities in the Services or in JTMM computer systems, network, usage rules, security components, authentication measures or other measures to protect the Services, the Content or any part thereof, and scanning or testing for such vulnerabilities; or
· containing any violations of these Terms.
3.3.2 JTMM does not guarantee that it will prescreen User-Generated Content. JTMM does not guarantee that the Website will be free from User-Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are merely acting as a passive channel for such distribution and do not assume any obligation or liability relating to any User-Generated Content or activities of users on the Website. Even in the event that JTMM chooses to monitor any User-Generated Content, we assume no responsibility for, or any obligation to monitor or remove, such User Generated Content. JTMM reserves the right to edit, remove, or refuse to post any User-Generated Content or terminate your registered account for any reason.
3.3.3 We reserve the right to remove or edit such content. If you believe that your intellectual property rights are being infringed by User-Generated Content or otherwise by our Services, please notify us by email or phone, the exact contact information you can refer to the document <contact us> at the bottom of the website. If we receive a notification of an infringement of intellectual property or other rights, we will make good faith efforts to investigate the allegations. If we find an infringement, we will remove the content from our Services.
3.3.4 You are solely responsible for all User-Generated Content published or submitted by you. JTMM does not endorse any opinions expressed in any User-Generated Content.
3.3.5 We respect the intellectual property rights of others and we prohibit users from posting on the Website any content that violates another party’s intellectual property rights. If you believe that your work has been improperly copied and posted on the Website, please let us know.
3.3.6 In the event that any claims are brought against JTMM resulting from User-Generated Content posted by you, you agree to indemnify and hold JTMM harmless from and against any and all damages (including reasonable legal fees) incurred by JTMM as a result of such claims.
3.4 Rights to your content
3.4.1 You warrant that: you own, have licensed or otherwise control all of the rights to the content you publish and submit; the content and material is accurate; and the use of the content and material you publish and submit does not violate any applicable provisions of JTMM Terms, guidelines or policies or cause damage to any person or entity.
3.4.2 You grant, and warrant that you have the right to grant, to JTMM a non-exclusive, non-revocable, worldwide, transferable, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User-Generated Content in connection with the Services in any medium, whether alone or in conjunction with other content or materials, in any manner, process or technology, whether now known or hereafter developed. This license is solely for the purpose of providing the Services to you and other users. To the extent necessary for this purpose, we may sublicense such rights, including, without limitation, to affiliates or third party application providers linked to the Services. As we also use service providers who assist us in providing the Services, you permit us to enable the User-Generated Content to be used by such service providers on our behalf, to the extent necessary for the aforementioned purpose. Except for the rights separately granted herein, you retain all rights, including intellectual property rights, to User-Generated Content.
4. TRADE RULES
4.1 TAXES
All prices are exclusive of Value Added Tax and other taxes（where applicable）which will be charged separately at applicable rate.
4.2 Freight fee
All prices are exclusive of delivery charges. When you placing the order ,You will see the exact shipping amount before you pay. Freight rates depend on the weight of the product, place of shipment, destination and other factors.
4.3 Price and Payment
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. If you are a registered user, a record of all the orders placed by you is available in "My Account" area.
To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
If you are a consumer the following section applies to you. A consumer is defined as every natural person who enters into a legal transaction for purposes that predominantly do not pertain to their trade, business or profession.
5.1 Information regarding the right of revocation:
5.1.1 You have the right to revoke this contract within 14 days without giving any reasons. The period of revocation is 14 days from the day of the conclusion of the contract.
5.1.2 In order to exercise your right of revocation you must notify us of your decision to revoke the contract by sending us an unequivocal declaration (e.g. a letter sent by post, or an email). If you wish, you may use the attached revocation form (see section 4.3 of these Terms of Use), but there is no requirement to do so.
5.1.3 You may also complete and submit the revocation form or other unequivocal declaration online by using the our email on our website. If you submit your notice of revocation online, we will send you a confirmation of receipt without undue delay (e.g. by email). You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires.
5.2 Consequences of revocation
5.2.1 If you revoke this contract, we are required to refund all payments we received from you without undue delay and at the latest within 14 days from the day on which we received your notice of revocation of this contract. If the goods exceed the amount of 40 euro, JTMM bears the returning cost; If the goods doesn't exceed the amount of 40 euro, you will bear the returning cost, which can choose the service provider offers reasonable rate. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund.
5.2.2 The right of revocation does not apply to contracts
· for the delivery of audio or video recordings;
· for the supply of goods made to customer specifications or clearly customized to personal needs;
· for the supply of goods which may deteriorate or expire rapidly;
· for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed;
· for Services, if the Services have been provided in full and you have acknowledged and expressly agreed prior to the order that we can begin to provide the Services and that you lose your right of revocation upon complete fulfillment of the contract.
5.3 Revocation form
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(If you wish to revoke the contract, you may use and complete this form and return it to us) Attn: Tianshi GMBH(registered address:Georg-Wilhelm-str.3 10711 Berlin,Germany) Email: service@jtmm.ru for shoping web address www.jtmm.ru I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following Services (*): · ordered on (*)/received on (*) · name of customer(s) · address of customer(s) · date (*) Delete where applicable |
6. LIMITATION OF LIABLILITY
6.1 We will use all reasonable efforts to ensure continuous availability of the Services and to ensure that transmissions are without errors. However, due to the nature of the internet, this cannot be guaranteed. In addition, your access to the Services may occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new features or Services. However, we will use reasonable efforts to limit the number of such interruptions or restrictions and the length of time they last.
6.2 We accept no liability for the accuracy and actuality of data and information provided via the Services by third parties.
6.3 In case of a slightly negligent violation of cardinal contractual obligations, the parties will only be liable to one another for the foreseeable level of damage typical for the Terms of Use in question. Cardinal contractual obligations are those which must be discharged in order to achieve the purpose of the Terms of Use and upon whose fulfilment the other Party may normally rely.
6.4 To the extent the liability of JTMM is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or vicarious agents of JTMM.
6.5 The limitation of liability as set out above shall not apply to damages caused intentionally or by grossly negligent breaches of duty, damages resulting from injury to life, body or health, or to damages for defects fraudulently concealed by JTMM or one of its legal representatives or vicarious agents. Statutory liability under the German and Hongkong Product Liability Act remains unaffected. Furthermore, the limitation of liability shall not apply if and to the extent that JTMM has assumed a guaranty.
7. LANGUAGE AND RECORD OF THE TERMS OF USE
These Terms of Use are provided in English. The text of the Terms of Use will be saved by JTMM after you have completed the registration process.
8. GOVERNING LAW AND MISCELLANEOUS
8.1 These Terms of Use are governed by and construed in accordance with the laws of Germany and Hongkong, under exclusion of the United Nations Convention of Contracts for the International Sale of Goods. As a consumer with a domicile or habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of domicile or residence. You may submit claims in connection with these Terms of Use arising from consumer protection standards, either in Germany or in the EU member state in which you have a domicile or habitual residence.As a consumer if you are residing in a region other than Europe, this clause will apply to the laws of Hong Kong.
8.2 If you are a business entity, the place of jurisdiction for all disputes arising from contractual relationships between you and JTMM is Berlin.
8.3 The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/. We prefer to solve your requests in direct contact with you and therefore do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us.
8.4 The invalidity of an individual clause will not affect the validity of the remaining clauses and of the Terms of Use as a whole. In place of the invalid clauses, the statutory provisions, if any, shall apply. However, if this would represent an unreasonable hardship for one of the parties, each party has the right to terminate the Terms of Use with immediate effect.
9. TERMINATION
9.1 JTMM reserves the right, at its sole discretion, to terminate your account with notice, delete your profile and any of your User-Generated Content, and restrict your use of all or any part of the Services for any or no reason, without liability to you or anyone else. JTMM also reserves the right to block users from certain IP addresses and prevent access to the Website.
9.2 You may terminate your account at any time by clicking on the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other social platforms (e.g. Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User-Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated.
10. AMENDMENTS
10.1 From time to time, we may make changes to the Terms of Use for legitimate reasons, such as to improve existing features or functionality or to add new features or functionalities to the Services, to implement scientific or technical advances or to make reasonable technical adjustments to ensure the functionality or security of the Services, or for legal or regulatory reasons.
10.2 If you are a registered user of our Website and JTMM applications for mobile devices and we make changes to the Terms of Use that may affect the contractual relationship between you and JTMM, we will notify you in advance via email. This notice will include information about the proposed changes and your right to object to these changes, where to send the objection and what the consequences are if you do not object. The changes will be deemed accepted if you do not reject them within 30 days. By following this procedure, we will not make any changes that materially affect the contractual balance between the Services and any consideration you may provide for them. If you no longer wish to use the Services under the new version of the Terms of Use, you may terminate your account by contacting us. JTMM reserves the right to terminate your account, should you object to the changes.