Welcome Sellers, to the ShineOn Terms of Service!We feel we are building something special together, and want to be your jewelry partner for life! Thank you for being a Seller with us!
By installing the ShineOn app and authenticating to your Shopify store, you acknowledge & agree to these terms and conditions in full (as well the terms found on ShineOn.com).
Note the following terminology that appears in this agreement:
ShineOn (or “ShineOn.com,” “we”, “our”, or “us”) refers to That’s No Moon Inc. DBA ShineOn Jewelry Users (“Seller(s)” or “you”) Application for Shopify stores (the “ShineOn App”, the “Shopify App” or the “App”), and Our websites (the “Site”, “Service(s),” collectively all the “Platform”).
ShineOn, (“ShineOn.com,” “we”, “our”, or “us”) Users (“Seller(s)” or “you”) Application for Shopify stores (the “ShineOn App”, the “Shopify App” or the “App”), and Our websites (the “Site”, “Service(s),” collectively all the “Platform”).
- Sellers can use the ShineOn app to create products, manage these products, synchronise orders for these products to the ShineOn platform, manage these orders from the ShineOn app, and monitor the status of these orders.
- For every order that is synchronised to the ShineOn platform, a payment must be made to cover the fulfillment cost of the order. This must happen before any product is manufactured or shipped.
- Sellers agree to have invoices automatically be billed at intervals if enabled in the app Payments settings.
- Unless otherwise specified, products can take up to 5 business days from the invoice payment date to be shipped.
- If there are any problems with the product, design, manufacturing process, requested engraving or product specification, or other unforeseen problems in creating and shipping an order, this may delay the shipment until resolved.
- If a shipment is returned to ShineOn due to a delivery issue, we will endeavour to contact the seller who sold the product to resolve the issue.
- If an item cannot be delivered due to a customer error or address issue, and the problem cannot be resolved, no refund will be issued for the order.
- Any and all delivery concerns, including carrier issues or fulfillment delays, should be relayed to ShineOn support for a resolution.
- ShineOn will make every effort to ensure that the order is fulfilled as per the specification provided on the order. In the event of any errors or concerns, the seller must immediately notify ShineOn.
- ShineOn is not responsible for errors sellers make with designs and products, including but not limited to a design not appearing as expected on the final product, unreadable text, colour differences, unexpected size of product.
- There may be times ShineOn is unable to produce and ship an order within the usual timeframe, such as extreme weather conditions, fire, natural disasters, utilities failure, technical failure of manufacturing equipment, and quality control issues. ShineOn will make every effort to inform sellers if a delay is expected for a particular order, but will not be responsible for delays for reasons outside its control. ShineOn is not liable for any losses incurred by the Seller from the delay.
- ShineOn makes every effort to ensure the products, platform, and app perform as expected. In the event of an error, ShineOn cannot be held responsible for:
- Loss of earnings due to a store issue or app issue, including but not limited to an outage affecting ShineOn or its affiliates;
- Cost of resolving issues on a store, such as missing code, product/order deletion and errors
- Loss due to you being found liable for infringing the intellectual property rights of another, including but not limited to in an arbitration proceeding;
- Any development work required to support a particular theme, store or app conflict
- Suspension, Loss or Termination of a Shopify store by Shopify
- Before we can begin manufacturing or fulfilling any order, full payment for the invoice of the order must be made and cleared.
- We may cancel an order at any time before or after the invoice is paid, for any reason.
- Where an order is cancelled, we will usually contact you to inform you of the reason why. A refund of the invoice value will usually be made, but is not guaranteed.
- Invoice payments are made with secure credit card payments (provided by Stripe), PayPal, or Payoneer.
- Invoices are charged in USD and all processing/exchange fees incurred from the bank or payment platform are the responsibility of the seller.
- An automated billing service is available to process new order payments at regular intervals. These intervals may change at any time, although we will try to inform sellers where possible.
- It’s the responsibility of the seller to ensure enough funds are on their payment card or method, and any fees for overdrafts, exceeding credit limits, or other fees are the sole responsibility of the seller.
- While billing errors are rare, any charges arising from errors on the part of ShineOn may be covered at our discretion.
- If ShineOn underbills you, or refunds a payment in error, you must make every effort to return the funds to ShineOn once you are notified of the error. Failure to settle payment errors may result in permanent suspension of access to ShineOn services.
Disputes of Copyright
ShineOn respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of ShineOn.com, please provide written notice to the following agent for notice of claims of infringement:
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
- It is solely the responsibility of the Seller to ensure that you have the appropriate permissions to use the designs uploaded to the platform. If you are unsure whether you have permission, contact the content owner for explicit permission.
- We generally do not arbitrate disputes between sellers, for example on issues of copyright violations. If you feel a user of our platform has violated your rights, you or your legal representative should make every effort to contact the user directly via their website or contact details available online and attempt to resolve the dispute among yourselves. We cannot provide contact details for any users on our platform except as ordered to by a court of competent jurisdiction. In the event you are unable to resolve the dispute, you should send an email to firstname.lastname@example.org explaining the nature of the dispute and summarizing the parties’ efforts to resolve the dispute.
- ShineOn does not actively review new products for copyright infringement, as it is not possible for ShineOn to determine whether a design is copyrighted, or whether appropriate permissions have been obtained for the production of a given design. Furthermore, ShineOn receives thousands of new SKUs each week and is limited in its capacity to “police” potentially-infringing designs. Sellers who feel another seller is using our platform to produce designs that infringe on their property or copyright can follow the process outlined above, or contact email@example.com with evidence and details.
- You agree that you will not take any action that infringes or violates someone else's rights or otherwise violates the law.
- You agree that you will promptly comply with any request from us to remove or otherwise disable any listing for a product about which we have received a complaint from an intellectual property owner.
- You agree that you will not use our copyrights or Trademarks or any confusingly similar marks with prior written permission, or seek to utilize others’ copyrights or Trademarks or similar marks without prior written consent.
Chargebacks & Disputes - Seller Store
- All payments made by customers to sellers are solely the responsibility of the seller to manage.
- Any chargebacks or disputes that arise from customers are the responsibility of the seller, and any fees or lost disputed payments are for the seller to bear.
- If the dispute arises from a defective or incorrect item, you must contact ShineOn to seek a replacement as per the Remakes process.
- Any refund granted to customers by a seller are not refundable by ShineOn. Fulfillment payments are non-refundable unless explicit written agreement is obtained from ShineOn directly.
- Our service does not accept returned items for any reason. If an item is returned to us by the customer, we will notify you and will usually return it back to the customer, along with a note requesting they contact the store they purchased from.
Chargebacks & Disputes - ShineOn Fulfillment
- A seller should always contact ShineOn with any concerns they have about billing payments, including any concerns about payments taken that sellers are unsure are correct.
- Disputes and chargebacks on invoice payments are taken very seriously, and may lead to ShineOn to delay or cancel outstanding orders that have not yet been shipped, or to suspend your access to our platform indefinitely.
- If a seller has concerns about a particular bill, product order, shipment or anything related to a payment on the platform, they must promptly contact ShineOn support with this concern within 7 days of learning of the issue.
- Payment disputes may delay or cancel the shipment of all outstanding orders a seller has with the ShineOn platform in order to settle the disputed amount or recoup the costs associated with handling the dispute.
- If a seller becomes aware of a dispute being created in error on a payment to ShineOn, they must contact ShineOn as soon as possible so that account sanctions can be avoided.
A seller can register for a ShineOn platform account by installing the ShineOn app on their Shopify store. As part of this, ShineOn will use various information from the Shopify store in order to create the account, including:
- Full Name, E-Mail address, other contact information of the primary Admin account on Shopify
- Permissions to access Products, Orders, and other necessary parts of the Shopify store account to facilitate product creation, administration, order handling and fulfillment
- Usage data and statistics in order to help shape and improve the ShineOn app platform and experience for both customers and sellers
- Information about themes and other apps installed on a store, to improve performance and compatibility of our app and services
- We will not share, sell, or otherwise provide seller or customer information collected, stored, accessed, or processed with any third parties beyond what is necessary to process and fulfill customer orders and provide ShineOn services, or as required by a court order. For example, customer order details and shipping information must be provided to the shipping carrier in order to ship each item, but this information will not be shared beyond this. We may collate such information in an anonymised form if we need to share it to any external parties.
- We take data security and privacy extremely seriously, and do all we can to protect all data we hold in accordance with local laws and regulations in the United States.
- You are free to uninstall the ShineOn app from your Shopify store at any time. Uninstalling the app does not automatically delete any data that we hold about you or your store. This is to make it easy for you to resume your services with us once you re-install the app in the future.
- If you wish to have your personal data erased from our service, please contact firstname.lastname@example.org including as much information about the request as possible.
Account Suspension & Termination
- To ensure the stability of our platform, services, and the continued operation of our business, we reserve the right to suspend, deactivate, terminate, or block, in our sole discretion, any seller or person from accessing our services, app, platform, or products. At our discretion, we may remove any product and cancel any relevant orders on our platform for any reason. We are not required to provide you with the reason if this happens.
- ShineOn has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production. You agree not to use the platform to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
- It is strictly forbidden to use our platform or services for illegal activities in any country or jurisdiction where you or we are located.
- You will not engage in account sharing, including, without limitation, letting third parties use your account and password.
- You will not engage in unlawful multi-level marketing, such as a pyramid schemes.
- You will not use any generated image assets, source files or other content provided by ShineOn in combination with products that are not fulfilled by ShineOn.
- You will not bully, intimidate, or harass any user.
- In the event we take action against your account or store, you may receive limited or no compensation or refund from us for any losses arising from this action. For example, you may not be compensated for refunding outstanding or completed orders, loss of earnings from unfulfilled orders or inability to sell products, or money spent on additional services such as video mockups.
Disclaimer of Warranties
THE SERVICE AND ALL OTHER OF SHINEON’S SERVICES ARE PROVIDED “AS IS”. SHINEON AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER SHINEON NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE SERVICE (INCLUDING THE DATA, YOUR CONTENT AND THIRD PARTY CONTENT AND SUBMISSIONS) OR SHINEON’S SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.
© 2018 ShineOn. All rights reserved. All content contained on this web site, including text, graphics, logos, images and software is the property of ShineOn or its subsidiaries, affiliates or third-party content providers. The compilation of all content on this site is the exclusive property of ShineOn.com. ShineOn's rights are protected by United States and international copyright laws and conventions. The content of the web site may be used only for your personal, non-commercial purposes. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from ShineOn and/or the copyright owner identified in the individual copyright notice.
COPYRIGHT, OWNERSHIP AND LICENSES OF THIRD PARTY SUPPLIERS
This Website also offers Supplier created imagery and content, that may be Copyrighted, protected and/or Trademarked, including but not limited to: text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software. The data produced and offered by the Suppliers are the sole and exclusive property of these Suppliers and/or the property of the various vendors or Suppliers. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website, whether the Company's content or any of the Suppliers, content, without the prior expressed written consent of the Company and/or the Supplier.