Terms of Service
Terms of Service
Welcome to Bigollo! Bigollo's service (the "Bigollo Service") is located at Bigollo and is operated by Fujian Ziwei Information & Technology, Inc., with our headquarters in Fujian Province, P.R.China and its subsidiaries (collectively, "Bigollo," "we," "our," or "us"). The BigolloService provides sellers with the ability to create and sell custom merchandise, apparel, and digital products (collectively "Merchandise" or "products") and buyers with the ability to find and purchase high-quality and unique Merchandise. All visitors to the Bigollo Service, Creators, and buyers are referred to herein as "you".
A. Use of the Bigollo Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Bigollo of any unauthorized use of your password or account or any other breach of security. Bigollo reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.
Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other Bigollo policies, Bigollo may, in its sole discretion, cancel your listings, suspend your use of Bigollo tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through theBigollo Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Bigollo Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Bigollo Service, you will comply with all applicable laws, regulations and industry standards.
Communications: You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Bigollo Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Bigollo Service or by sending an email to you. You may have a legal right to receive this notice in writing. If any problems, please notify us at firstname.lastname@example.org.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Bigollo in connection with your use of the Bigollo Service. Bigollo may establish general practices and limits concerning use of the Bigollo Service. Bigollo reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Copyright is intended to strike a balance between freedom to be inspired and protection for those who create. For example, facts are not covered by copyright. Utilitarian works, such as instructions or recipes, are not covered. Everyone is free to use ideas and information. Copyright only extends to the unique expression of ideas, not the idea itself.
B. Sellers: Creation and Implementation of Product Listings
The Bigollo Service allows sellers to create product listings and sell custom physical Merchandise through those listings. Following are specific obligations concerning the initiation of any listing. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion.
By creating a listing through the Bigollo Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing ("Listing Rights"), including any rights relating to the name, description, images, text or URL used for the listing. If a third party has any copyright-related questions about the product listings you have created, You will need to provide Bigollo with relevant copyright evidence of your Listing Rights upon request.
Bigollo does not claim any ownership rights in the content you upload to the Bigollo Service. Please be sure you maintain copies of all of your work. Bigollo has no responsibility or liability for the deletion or failure to store any content or information uploaded to theBigollo Service.
For online events, like contests, raffles, surveys, games or other promotions, created and promoted by you through the Bigollo Service,Bigollo provides you with campaign creation tools and related statistical functions. However, Bigollo is not the host, creator, or organizer of such online events. You agree that you are the organizer of your online events, and you are solely responsible for providing the event (including hosting or streaming the event on the third-party platform, like TikTok) and ensuring that the online event is delivered as described. You are also responsible for all activities related to your online events that take place off the Bigollo Service, such as marketing and customer service on any third-party streaming platform.
For the purpose of selling, promoting, implementing and fulfilling your listing and for the purpose of advertising the Bigollo Service in any medium Bigollo chooses, you hereby grant Bigollo a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Listing Rights to copy, display, distribute, modify the content you upload to the Bigollo Service (including all related images, text, content and information).
Bigollo, in its sole discretion, may make promotional offers with different features and different pricing to any of Bigollo's sellers. These promotional offers, unless made to you, will not apply to you or these Terms. For example, Bigollo will offer favorable price to sellers who achieve a certain sales volume. You can set your own selling price base on the Bigollo price and get the difference profit from it.
Indemnity: To the extent any listing launched by you or launched via your Bigollo account violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Bigollo has the right to withhold and redirect any funds collected relating to the listing, which funds will be disbursed based on Bigollo's internal policies (for example, Bigollo may give the funds to a charity, or Bigollo may apply such funds to any judgment or settlement, and/or the reimbursement of Bigollo's expenses, resulting from a third party's claim of infringement) and you agree to fully cooperate with Bigollo in such activities. Without limiting the foregoing, you also agree to indemnify and hold Bigollo harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
The product listings you create through the Bigollo Store Service must meet production standards (e.g., using high-quality images that do not affect production printing). And you need to ensure that all advertising or promotional descriptions of products must be accurate and must not contain any content 7.concerning non-Bigollo activities, events, products, services or promotions.
Proceeds from Listing: If you create a listing for products through the Bigollo Service, Bigollo will charge you a "base price" for each product that it makes available to you for your listing. You will be responsible for setting the price you charge consumers for each product. Once your listing is launched and products are sold, you will earn the difference between the base price and your sale price. When an order is created, the earning of the order will be frozen. The earning will be unfrozen when the order is ready and will be credited to your balance account, which you can go to e-wallet page to withdraw at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Bigollo Service.
Partnership Disputes: If you work with other people on your listing, and there is a dispute between you and your partners, even thoughBigollo receives notice of the dispute, Bigollo is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Bigollo may withhold payouts until the dispute is resolved, in Bigollo's sole discretion.
Charities/Fundraising: You represent and warrant that any listing you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your listing description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
C. Intellectual Property Complaints
As a condition of using the Bigollo Service, you agree to the terms of the "Intellectual Property Complaints" and to handle any infringement claims from other users on that basis. In addition, you understand that Bigollo may release your account information and infringement records to any owner of lawful intellectual property rights who presents valid evidence, and will cooperate with the property owner in filing claims and judicial proceedings against you.
Bigollo takes any allegations of infringement seriously. If Bigollo receives any complaint or allegation that your listing or any resulting Merchandise constitutes an unauthorized use of a third party's rights, you understand that Bigollo may terminate or delay your listing, in its sole discretion.
Bigollo will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Bigollo user has infringed upon your rights, please contact our Legal Department via email@example.com. or submit your infringement complaint via online customer service.
You must include with your notification the following information.
Repeat Infringer Policy: Bigollo has adopted a policy of terminating, in appropriate circumstances and at Bigollo's sole discretion, users who are deemed to be repeat infringers. Bigollo may also at its sole discretion limit access to the Bigollo Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others.
D. Purchasing of Merchandise
- Ordering and Availability: Merchandise may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. Your order constitutes an offer to us to buy the Merchandise ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. In the event we do not accept an order we will inform in writing of our decision. You do, however, acknowledge that by placing the order, you enter into an obligation to pay for the Merchandise.
- Order Confirmation: If we accept your order, the status of your order will change to "in production". When the order is accepted by the factory, it means that the factory will begin to produce according to the confirmed order information (design drawing, size, color, quantity, etc.). After the order is accepted, we will undertake to provide you with products that meet the order and are free of quality problems.
- Loss and Cancellation: You can cancel your order before it goes into shipping, but it is important to note that1If you can cancel an unpaid order and there will be no loss.2If you cancel a paid order that is not taken by the factory, all the payment amount will be refunded to the account you used when paying.3If you cancel a paid order has been accepted by the factory, only the logistics and taxes can be refunded. The product fee and the coupon you used in this order will not be refunded. (For avoid loss, It is not advisable to cancel the order. If your follower/ the terminal customer insists on canceling the order, we suggest you revise the shipping address and send the product to your home for avoiding the loss.)4If the order has been shipped, you CANNOT cancel the order, because the goods are custom-made and have been delivered to the shipping company. We hope you can receive your goods as soon as possible.
Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods, they are produced specifically for you once you place an order. We do not hold stock and would not, but for your order, have produced the goods. All orders are final and you have no right to cancel any shipped order or return any goods, unless there is a quality problem with the goods.
Authorize: By using the Bigollo service to design, purchase and sell merchandise, you agree to authorize the design to Bigollo for production and sale. Your purchase of an item using the Bigollo Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase
E. Price and Payment Processing
- Price: Bigollo can price itself. Bigollo provides sellers with promotional offers. Except as provided to you, these promotional offers will not apply to you or to these Terms. For example, Bigollo may offer lower promotional pricing for customers who reach a certain sales volume. You may set your own sales price based on the Bigollo price and make a profit on the difference.
By clicking the "Buy Now" button on checkout page, you agree to use the corresponding payment processor to pay for the goods or services and to select your preferred payment account in the payment processor at your discretion.
- Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the Merchandise or Creator Tools ordered in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorized or accepted, Bigollo reserves the right to cancel your order with no further liability or obligation to you. Bigollo reserves the right to stop accepting credit cards from one or more issuers at any time.
- Delinquent Accounts: Bigollo may suspend or terminate access to the Bigollo Services, for any account for which any amount is due but unpaid.
F. Bigollo's Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the Bigollo Service for the purpose of engaging in business transactions with Bigollo. You may not use any automated technology to scrape, mine or gather any information from the Bigollo Service or otherwise access the pages of the Bigollo Service for any unauthorized purpose. If you are blocked by Bigollo from accessing theBigollo Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Bigollo Service or distributed in connection therewith are the property of Bigollo, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Bigollo Service may contain images, artwork, fonts and other content or features ("Service Content") that are protected by intellectual property rights and laws. Except as expressly authorized by Bigollo, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Bigollo Service or the Service Content, in whole or in part. Any use of the Bigollo Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Bigollo.
The Bigollo name and logos are trademarks and service marks of Bigollo (collectively the "Bigollo Trademarks"). Other company, product and service names and logos used and displayed via the Bigollo Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bigollo. Nothing in these Terms of Service or the Bigollo Service should be construed as granting any license or right to use any of Bigollo Trademarks displayed on the Bigollo Service, without our prior written permission in each instance. All goodwill generated from the use of Bigollo Trademarks will inure to Bigollo's exclusive benefit.
- Bigollo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bigollo, its users or the public.
G. Third Party Websites
The Bigollo Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Bigollo has no control over such sites and resources and Bigollo is not responsible for and does not endorse such sites and resources. Bigollo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Bigollo Service are between you and the third party, and you agree that Bigollo is not liable for any loss or claim that you may have against any such third party
H. Disclaimer of Warranties
YOUR USE OF THE Bigollo SERVICE IS AT YOUR SOLE RISK. THE Bigollo SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING A BUYER'S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, Bigollo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY LISTING, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY.
I. Limitation of Liability
Bigollo WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Bigollo'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAIDBigollo OR Bigollo HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, NOT EXCEEDING ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Bigollo, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Bigollo Service and remove and discard any content within the Bigollo Service, for any reason. Further, you agree that Bigollo will not be liable to you or any third party for any termination of your access to the Bigollo Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. Neither you nor your employees or agents have the authority to initiate claims against Bigollo in any way. All disputes within independent contractors are your responsibility.
These Terms of Service constitute the entire agreement between you and Bigollo and govern your use of the Bigollo Service, superseding any prior agreements between you and Bigollo with respect to the Bigollo Service. The failure of Bigollo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Bigollo, but Bigollo may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Bigollo may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Bigollo Service.
N. Additional Terms
- Our Liability: Nothing in these Terms of Service shall limit or exclude our liability to you:
-Death or personal injury caused by our negligence;
-any other liability that cannot be limited or excluded under consumer protection or other law.
- We shall not be responsible or liable for any failure or delay in performance of any of our obligations under these Terms of Service caused by events beyond our reasonable control.
- For goods that is shipped to the EU: The purchase price includes VAT, which is paid by the logistics company we work with, you can check the corresponding VAT amount in your shopping cart or order details. Or if you have your own IOSS tax number, we also support to declare it to the customs of the EU countries for you. This part of tax is completely collected by the government of the receiving country,Bigollo does not charge any VAT.
- Defective Products: If you are a consumer, once we accept your order for "defective products", we are legally responsible for providing products that comply with these Terms of Service.
- If any Goods delivered to you is damaged or faulty, you may have one or more legal remedies available to you under your legal rights, depending on when you notify us of the problem. If you believe that any Goods have been delivered is damaged, defective or faulty, you should notify us as soon as possible, preferably in writing, providing your name, address and order reference.
- 6.Differences between personalized and physical goods: While we take reasonable steps to describe the goods as accurately as possible, photographs and other images of the goods appear on the Website created and designed in relation to the Seller's products and the details (like colors, patterns and textures, etc.) you see on the screen will depend on your monitor, and therefore may not accurately reflect the actual details of the goods when you receive them.
Fujian Ziwei Information & Technology, Inc.
Room 416, No. 4 building, Honglixing Creative Industry Center, Cangshan District, Fuzhou City, Fujian Province, P.R.China
Updated on May 13, 2022