TikTok Shop Logistics Terms
06/06/2024
(For residents of and entities based in the United States of America)
Last Updated: June 5, 2024
Please read these TikTok Shop Logistics Terms carefully!
These TikTok Shop Logistics Terms (these “Logistics Terms”) are between You, a merchant of TikTok Shop (“You” or “Seller”), and TikTok Inc. (“TikTok” or “we”), the operator for TikTok Shop, for the provision of logistics services by TikTok to You (the “Logistics Services”) for the products (the “Product(s)”) sold by You to a buyer (“Buyer”) on TikTok Shop.
These Logistics Terms, together with the Seller Terms of Service for TikTok Shop (“Seller Terms”), TikTok for Business Commercial Terms of Service (“Commercial Terms”), and other terms, rules, guidelines and policies applicable to Sellers set out the terms and conditions for Your use of the Logistics Services.
1. Acceptance of these Logistics Terms1.1. You agree that if you elect to use the Logistics Services, in addition to the Seller Terms, these Logistics Terms will apply to you.
2. Changes to these Logistics Terms and Logistics Services2.1. We may amend these Logistics Terms and Logistics Services. We are constantly innovating, changing and improving the Logistics Services. We may also amend these Logistics Terms from time to time, for instance, when we update the requirements of the Logistics Services, or when there are regulatory changes that impact these Logistics Terms or the Logistics Services.
2.2. You should check the updates from time to time. We will provide reasonable notice, such as through a notice on TikTok Shop or an in-app notification in “Seller Center” of any material modifications to these Logistics Terms. You should review these Logistics Terms regularly to check for such relevant changes. We will update the “Last Updated” date at the top of these Logistics Terms to reflect the effective date of the most recently updated version of these Logistics Terms. As we do not permit the use of the Logistics Services by persons who do not agree to these Logistics Terms, Your continued access or use of the Logistics Services after the date of the new Logistics Terms constitutes Your acceptance of such new Logistics Terms. If You do not agree to the new Logistics Terms, You shall stop accessing or using the Logistics Services. For modifications to these Logistics Terms or to the Logistics Services that are made to meet security, safety, legal or regulatory requirements, we may not be able to notify You in advance, but we will make available relevant notice to You as soon as practicable.
3. TikTok’s Role3.1 Nothing hereunder shall be construed as TikTok being a party of the agreement between You and Buyer for the sale and purchase of the Product. TikTok’s provision of the Logistics Services to You shall not be deemed, expressly or by implication, as a representation, warranty or endorsement of the quality, legality, or compliance of the Product sold by You. You shall be solely responsible for the Product You sell to Buyer.
3.2 You acknowledge and agree that (i) TikTok is not a shipper, carrier, broker, forwarder, warehouseman, or similar third party of any mode or under any applicable laws or regulations; and (ii) TikTok itself is not performing regulated transportation or shipping services and uses third-party transportation providers (the “Carriers”) instead for the transportation of the Products and other services associated with the Products hereunder.
4. Logistics Services4.1. You shall arrange for shipping Your Products to the Carriers or the Fulfillment Warehouses. You shall be solely responsible for arranging and paying for the shipment of Your Products to: (i) the Carriers’ locations if you choose the Ship by TikTok service; and (ii) the fulfillment warehouses designated by TikTok (the “Fulfillment Warehouses”) if you choose to use any fulfillment services provided by TikTok. You may ship the Product to the Fulfillment Warehouses directly Yourself or through a third party engaged by You. For the avoidance of doubt, TikTok does not provide logistics services to You in connection with Your Products before they are duly received at the Fulfillment Warehouses and shall not be liable to You in any manner in connection therewith. You shall comply with all applicable laws and regulations, the TikTok Shop Customer Order Shipping Guidelines, and any other applicable policies and guidelines made available in the Seller Academy.
4.2. We have the right to reject shipment of certain Products. We have the right at our sole discretion to refuse to provide Logistics Services for a Product if: (i) in our view the handling and/or delivery of such Product is unsafe, illegal or non-compliant with the policies of TikTok or its delegates or subcontractors or any applicable laws or regulations; (ii) such Product is listed in the TikTok Shop Prohibited Products Policy or the TikTok Shop Restricted Products Policy; or (iii) such Product is not properly identified, described, marked or packaged to ensure safe delivery.
4.3. We decide the methods of transportation. TikTok may use any methods, routes, means and procedures of transportation, storage, loading or unloading, at TikTok’s sole discretion for the purpose of performing the Logistics Services without notice to You.
4.4. Time is not of essence. Unless otherwise specifically agreed by TikTok in writing, time shall not be of essence under these Logistics Terms. Unless otherwise expressly agreed in writing by TikTok that a Product shall depart or arrive by a particular date or time, TikTok accepts no responsibility for the date and time of the departure or arrival of the Products. Any date or time (if any) provided by TikTok prior to or when You make the Purchase or otherwise (other than the date and time indicated in the final waybill) is solely an estimated date or time for information purpose only.
4.5. Logistics Services may be limited to certain areas. Logistics Services may not be available in certain areas in certain states. If the delivery address is out of the delivery areas or states, the order for the delivery of the Product will be canceled by TikTok without liability.
4.6. Incomplete Delivery.(a) If for any reason after delivery of the Product to the Fulfillment Warehouses by You, the Logistics Services cannot be completed, the Product is not delivered to the Buyer ("Incomplete Delivery"), and the Product has not left the state from which the Products were shipped by You, You shall be responsible for arranging and paying for the return of the Product to You from the Fulfillment Warehouses notified to You by TikTok. You will not be entitled to any refund, compensation or damages in such event.
(b) In the event of Incomplete Delivery and the Product has left the state from which the Products were shipped by You, the Products will not be returned to You and may be disposed of by TikTok, its delegates or subcontractors in any way that TikTok sees fit. You will not be entitled to any refund, compensation or damages in such event.
4.7. Auxiliary Services. TikTok may offer You certain auxiliary services associated with the Logistics Service, including without limitation, shipping insurance coverage provided by third-party insurance companies. TikTok may charge reasonable fees to cover its costs associated with the administration of such auxiliary services.
5. Prohibited Items5.1. We will not handle or deliver Prohibited Items. You shall comply with all laws, regulations and rules applicable to the handling, transit and delivery of the Products through to their final destination. You agree that You shall not deliver to TikTok or cause TikTok to receive or handle goods that are prohibited in the TikTok Shop Prohibited Products Policy, goods that are restricted in the TikTok Restricted Products Policy without proper approvals in accordance therewith, or goods prohibited under applicable law for shipment (“Prohibited Items”).
5.2. We have the right to dispose of Prohibited Items. If a Prohibited Item comes into the possession of TikTok or its delegates or subcontractors, TikTok has the right to: (i) request You to pick up such Prohibited Items at Your cost and expense, or (ii) destroy, or otherwise dispose such Prohibited Items at TikTok’s sole discretion at Your cost and expense without TikTok, its delegates or subcontractors incurring any liability to You. You shall provide TikTok, its delegates and subcontractors with all assistance and information and take all measures or actions requested in connection with the handling or disposal of such Products at Your own cost and expense. Without limiting the generality of the above, You remain responsible for paying the Fees for the order containing Prohibited Items and such Fees are non-refundable.
5.3. Prohibited Items may be confiscated or otherwise disposed of by the relevant authorities. You expressly acknowledge and agree that the Prohibited Items handed over by You to us may be confiscated or otherwise disposed of by the authorities during the course of shipment. You shall be solely liable for Your losses, damages, or costs arising from such confiscation or disposal of Your Prohibited Items.
6. Requirements of Products Shipment6.1. Products shipped will be subject to certain requirements. Products may be subject to certain requirements and restrictions for shipment (e.g., weight, size), which, if applicable, we may notify You (such as in the “Seller Center” or otherwise) from time to time. Such requirements and restrictions may vary from state to state, depending on the destination of shipment, the route, or manner of transportation, etc. TikTok has the right to refuse to provide Logistics Services for Products which fail to satisfy such requirements or restrictions.
6.2. Some Products may need special handling or care. Certain Products may require special handling or care for transportation, such as frozen or fragile goods. You shall not tender for transportation any Products which require special handling or care without obtaining prior written consent of TikTok and providing all information required by TikTok (e.g., nature of the Products, temperature range to be maintained). If the above requirements are not satisfied, TikTok shall not be liable for any loss or damage of such Products.
6.3. No infringing Products are permitted. You agree that You shall not deliver or seek to deliver any Products which infringe on the copyright, trademark, patent or other intellectual property rights or proprietary right of any third party. For further information, please refer to the TikTok Shop Intellectual Property Policy and the TikTok Anti-Counterfeit Policy.
6.4. You shall have title to the Products. You represent that You have the legitimate ownership or legal possession of the Products delivered under these Logistics Terms. In no circumstances will TikTok be deemed the owner, possessor, or shipper of the Products.
6.5. You shall accurately declare the value of the Products. You shall accurately declare the value of the Products shipped by TikTok if value declaration is required. To the extent necessary and permitted by applicable law, TikTok may declare the value of certain Products on Your behalf to provide the Logistics Services and to provide relevant information to the relevant authorities responsible for calculating taxes.
6.6. You shall provide accurate information and assistance. You represent and warrant that you will provide and are solely responsible for providing, accurate, authentic, complete and sufficient information and documentation to TikTok in connection with the Products. You shall provide TikTok with all assistance and cooperation, and take all measures and actions required by TikTok, in connection with TikTok’s performance of the Logistics Services hereunder, including for inspection, quarantine, taxes of the Products.
6.7. Packaging of Products. You represent and warrant that: (i) you are and shall be solely responsible for packaging, packing, labeling, and preparing the Products securely, properly and sufficiently, and in accordance with all applicable laws and regulations; and (iii)the packaging of the Products shall be secure enough to ensure that the Products will not be damaged in transit. TikTok shall not be liable for any losses or damage of the Products which are improperly or insufficiently packaged, packed, labeled, or prepared, no matter how such loss or damage is caused.
6.8. Dangerous Goods. You represent and warrant that if Your Products include any regulated hazardous materials or dangerous goods (collectively, “Dangerous Goods”): (i) the Products shall be properly packaged, marked, and labeled, and in strict compliance with all applicable laws, regulations, and standards relating to the Dangerous Goods, including the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s Hazardous Materials Regulations, the International Air Transport Association’s Dangerous Goods Regulations, and the International Maritime Organization’s Dangerous Goods Code (collectively, “Dangerous Goods Laws”); (ii) you are and shall be the sole regulated shipper and offeror of the Products under the Dangerous Goods Laws; and (iii) you shall fully comply with Appendix A Dangerous Goods Terms and Conditions attached hereto (“Dangerous Goods Terms”). You understand and agree that under no circumstances will TikTok assume any liability or responsibility for the Products at any time except to the extent such liability is solely caused by our breach of these Logistics Terms.
7. Content of Products7.1. You shall be liable for the content of the Product. TikTok does not have the obligation to verify the content of the Product handed over by You for delivery, unless otherwise required by applicable law. The delivery documentation consists of only a receipt of the number of packages that were externally visible to carriers and does not act as a receipt of the number of Products or items that are not readily and reasonably visible to carriers at the time of delivery to carriers.
7.2. We have the right to refuse service for certain Products. If TikTok reasonably believes (whether based on visual inspection or otherwise) that the Product is in whole or in part not suitable for delivery or is otherwise in breach of these Logistics Terms or any applicable laws and regulations including the Dangerous Goods Laws, TikTok has the right, at its sole discretion to: (i) stop Logistics Services for such Product, (ii) return the Products to You at Your cost and expense and subject to Your indemnification obligations herein, (iii) continue to deliver the Product as is, or (iv) dispose the Product without liability to You at Your cost and expense. TikTok’s right to refuse service for certain Products does not release You from any of its obligations hereunder (including Your warranty that You shall not ship any Prohibited Items).
8. Return of Products by BuyerOn or after the delivery of the Product by TikTok, if You and Buyer agree on the return of the Product, the manner and cost for such return shall be handled by You and Buyer. TikTok shall have no responsibility for such return, unless otherwise agreed to by TikTok. If the returned Product is Dangerous Goods, You shall handle such returns in accordance with the Dangerous Goods Terms.
9. Fees and Payment9.1. Fees. As consideration for the Logistics Services under these Logistics Terms, You shall pay the fees and charges (“Fees”) for the Logistics Services as indicated in the Seller Center. TikTok may, in its sole discretion, amend the Fees from time to time and will inform You of such amendment by email or through the Seller Center.
9.2. Settlement and Invoice. TikTok will settle the Fees with You on every 1st and 16th day of each month. TikTok shall issue invoices to You at Your request.
9.3. Payment. You agree that all Fees due and payable to TikTok will be deducted from payments made by Buyers for purchasing the Products, and You have authorized TikTok's payment service providers to deduct or withhold from payments from Buyers any Fees and transfer such Fees to TikTok.
9.4. Taxes. You shall be responsible for all applicable taxes imposed on any amount payable by you for the Logistics Services hereunder, including but not limited to, sales and use taxes, value added taxes, and other transactional charges such as duties, customs, tariffs, imposts, and government-imposed surcharges.
10. IndemnificationYou shall indemnify, defend and hold harmless TikTok, its affiliates, subcontractors, logistics service providers, and their respective employees, officers, managers, agents (“TikTok Indemnitees”) against all claims, damages, costs, expenses (including reasonable attorneys’ fees), fines, penalties, levies, demands and other liabilities incurred by TikTok Indemnitees arising out of, resulting from or in connection with (a) Your breach of any representation, warranties, covenants, undertakings, agreement, or obligations hereunder (including those that You shall not hand over or attempt to ship Prohibited Items or Product that infringe any third party intellectual property rights, You shall accurately declare the value of the Products, and You shall provide accurate, complete, authentic information or take actions reasonably required by TikTok under these Logistics Terms); (b) Your use of the Logistics Services; (c) Your failure to comply with any and all applicable laws that apply to You including the Dangerous Goods Laws; (d) Your negligence, gross negligence, or willful misconduct; and (e) any tax demands or other charges or contributions relating to the our provision of the Logistic Services to You under these Logistics Terms.
11. Limitation of Liabilities11.1. Exclusion of Liabilities. Except for any liabilities that cannot be disclaimed under the applicable law, TikTok will not be responsible for any of the following liabilities that may arise in connection with the Seller's use of the Logistics Services or these Logistics Terms, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR (B) ANY LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), BUSINESS INTERRUPTION, LOSS OF DATA, USE, GOODWILL, OR INTANGIBLE LOSSES, EVEN IF TIKTOK HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. Further, TikTok will in no event be liable and will be released from any liabilities for the delay in delivery, loss, or damage of the Products, if such delay, loss or damage is caused by, arising from, in connection with or result from:
(a) negligence, gross negligence, or willful misconduct of Seller;
(b) Failure of Seller to comply with the provisions of these Logistics Terms or any applicable laws or regulations;
(c) Compliance with instructions of Seller;
(d) Defective, noncompliant, or insufficient packing, marking, labelling, or packaging of the Products, or classification of the materials contained therein;
(e) Defects of the Products and loss or damages arising therefrom or in connection therewith;
(f) Inaccurate, false, insufficient, incomplete, wrong information of the products provided by Seller;
(g) Inaccurate, false, insufficient, incomplete, wrong information of Seller or Buyer;
(h) Failure, suspension or interruption of the service of TikTok shop or other systems supporting logistics services due to maintenance (planned or not) or due to failure of internet, equipment, power, telecommunication service or cloud service;
(i) Force Majeure Event (as defined in Clause 13.1); or
(j) Any other event or reason not attributable to TikTok or the performance of the Logistics Services by TikTok (including any delay, loss or damage to the Product(s) caused by Sellers, or due to events beyond the reasonable control of TikTok).
11.2. Liability Cap. UNDER ALL CIRCUMSTANCES AND SUBJECT TO THE PROVISIONS OF THIS CLAUSE 11 (LIMITATION OF LIABILITIES), TIKTOK'S TOTAL AGGREGATE LIABILITY THAT MAY ARISE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, RESTITUTION OR OTHERWISE UNDER THESE LOGISTICS TERMS IS LIMITED TO THE TOTAL LOGISTICS FEES AND CHARGES INCURRED BY YOU IN THE 30 DAYS PRIOR TO THE CAUSE OF ACTION.
11.3. Warranty Disclaimer. TIKTOK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE LOGISTICS SERVICES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT FOR THOSE THAT ARE EXPRESSLY SET OUT IN THESE LOGISTICS TERMS.
12. Termination12.1. Mutual Termination for Convenience. Each party may terminate these Logistics Terms without cause by giving the other party not less than sixty (60) days’ written notice.
12.2. Mutual Termination for Cause. Each party may terminate these Logistics Terms immediately:
(a) if the other party is in material breach of its obligations hereunder and that breach is incapable of remedy, or if the breach is capable of remedy, the other party has failed to remedy the breach within thirty (30) days after the other party receiving written notice from the non-breaching party to remedy that breach; or
(b) if the other party by voluntary or involuntary action goes into liquidation, dissolves or files a petition for bankruptcy or suspension of payments, is adjudicated bankrupt, has a receiver or trustee appointed for its property or estate, becomes insolvent or makes an assignment for the benefit of creditors.
12.3. TikTok’s Right to Terminate for Cause. TikTok may terminate these Logistics Terms immediately by written notice without liability to You, if (a) You are in breach of any representation, warranties, or undertakings hereunder or under the Seller Terms or the Commercial Terms; (b) You have repeatedly breached these Logistics Terms, or (c) You are noncompliant with any applicable laws or regulations.
12.4. Suspension or Termination under Seller TOS. Seller expressly acknowledges that (a) the termination of these Logistics Terms for any reason will result in the automatic termination of the Seller Terms between You and TikTok, and the termination of the Seller Terms between You and TikTok for any reason will automatically terminate these Logistics Terms; and (b) any suspension of Your account under the Seller Terms will result in the suspension of the Logistics Services hereunder.
12.5. On-going Orders. Notwithstanding anything to the contrary therein, If (a) there are outstanding orders between You and Buyer as of the termination date of these Logistics Terms, these Logistics Terms shall be extended until the Logistics Services for all such orders have been performed, (b) there are outstanding orders between You and Buyer as of the suspension date of the Logistics Services, TikTok shall continue to provide the Logistics Services for such orders, provided that such orders and the provision of Logistics Services for such orders are not in breach of the Seller Terms, the Commercial Terms, these Logistics Terms, TikTok Shop policies or guidelines, or applicable law.
12.6. Effect of Termination. The termination of these Logistics Terms shall not relieve any party of obligations accrued prior to the date of termination.
12.7. Survival. This Clause 12.7 and Clauses 3, 9, 10, 11, 12.6, and 13 will survive the termination of these Logistics Terms.
13. Other Terms13.1. Force Majeure Event. TikTok will not be liable for any delay or failure to perform any of its obligations under these Logistics Terms for reasons, events or other matters beyond its reasonable control. (each, a “Force Majeure Event”), including flood, wildfire, blizzard, mudslide, tornado, tidal wave, hurricane, pandemic, epidemic, war, terrorism, strike, act or omission of authorities, change of law or regulation, or other act of God.
13.2. Our contact information. If You have any questions or claims in connection with the Logistics Services or these Logistics Terms, please contact us at e-commerce@tiktok.com.
(a) Properly classifying Dangerous Goods contained in shipments;
(b) Properly preparing shipping papers including by providing complete and accurate information as required under the Dangerous Goods Laws when printing labels through TikTok’s platform;
(c) Labeling shipments in accordance with the Dangerous Goods Laws;
(d) Marking shipments in accordance with the Dangerous Goods Laws;
(e) Packaging shipments in accordance with the Dangerous Goods Laws;
(f) Providing appropriate instructions and safety information for the transportation, storage, and handling of the Dangerous Goods contained in Your shipments; and
(g) Any safety, training, other requirements applicable to You as the shipper or offeror of Dangerous Goods, and the sole party with knowledge about the Dangerous Goods contained in shipments, under the Dangerous Goods Laws.
2. Information Regarding Shipments You understand and agree that TikTok and its third-party logistics providers have no information about the contents of Your shipments or Dangerous Goods contained therein. Accordingly, You shall provide all such information, including Dangerous Goods classification and all other required information for transportation and storage of Dangerous Goods, in complete and accurate form to ensure compliance with the Dangerous Goods Laws. This responsibility includes the information You provide via TikTok’s platform or otherwise provide for online and offline warehousing and transportation services.
3. Returns(a) When a return of Your shipment or Products is requested and approved, You shall be responsible for providing a return label and packaging instructions to buyers (or to TikTok to forward to buyers) that are compliant with the Dangerous Goods Laws. You shall satisfy any other requirements of shippers under the Dangerous Goods Laws applicable to such return.
(b) When TikTok requests to make a return of Your shipment or Products from one if the Fulfillment Warehouses or other locations, You shall provide TikTok or its logistics providers with a return label and packaging instructions that are compliant with the Dangerous Goods Laws. You shall satisfy any other requirements of shippers under the Dangerous Goods Laws applicable to such return.
(c) In the instance of all returns, You shall remain solely responsible and solely liable for shipper’s compliance with the Dangerous Goods Laws and You shall indemnify, defend, and hold harmless TikTok and its affiliates, subcontractors, logistics service providers, consumers, and their respective employees, officers, managers, and agents (“TikTok Indemnitees”) from and against any and all claims, damages, costs, expenses, fines, penalties, levies, demands and other liabilities including all governmental actions, investigations, claims, fines, and penalties, incurred by TikTok Indemnitees or consumers arising out of or resulting from or in connection with your noncompliance with the Dangerous Goods in such returns.
4. TikTok’s RoleYou understand and agree that: (i) TikTok is not a regulated party under the Dangerous Goods Laws and is a mere arranger of transportation and logistics services; (ii) TikTok has no responsibilities, obligations, or liability for compliance with or violation of the Dangerous Goods Laws; and (iii) TikTok reserves the right to refuse service and destroy any shipments or Products that are noncompliant with or in violation of the Dangerous Goods Laws at its sole discretion and at Your sole cost and expense.
Last Updated: June 5, 2024
Please read these TikTok Shop Logistics Terms carefully!
These TikTok Shop Logistics Terms (these “Logistics Terms”) are between You, a merchant of TikTok Shop (“You” or “Seller”), and TikTok Inc. (“TikTok” or “we”), the operator for TikTok Shop, for the provision of logistics services by TikTok to You (the “Logistics Services”) for the products (the “Product(s)”) sold by You to a buyer (“Buyer”) on TikTok Shop.
These Logistics Terms, together with the Seller Terms of Service for TikTok Shop (“Seller Terms”), TikTok for Business Commercial Terms of Service (“Commercial Terms”), and other terms, rules, guidelines and policies applicable to Sellers set out the terms and conditions for Your use of the Logistics Services.
1. Acceptance of these Logistics Terms1.1. You agree that if you elect to use the Logistics Services, in addition to the Seller Terms, these Logistics Terms will apply to you.
2. Changes to these Logistics Terms and Logistics Services2.1. We may amend these Logistics Terms and Logistics Services. We are constantly innovating, changing and improving the Logistics Services. We may also amend these Logistics Terms from time to time, for instance, when we update the requirements of the Logistics Services, or when there are regulatory changes that impact these Logistics Terms or the Logistics Services.
2.2. You should check the updates from time to time. We will provide reasonable notice, such as through a notice on TikTok Shop or an in-app notification in “Seller Center” of any material modifications to these Logistics Terms. You should review these Logistics Terms regularly to check for such relevant changes. We will update the “Last Updated” date at the top of these Logistics Terms to reflect the effective date of the most recently updated version of these Logistics Terms. As we do not permit the use of the Logistics Services by persons who do not agree to these Logistics Terms, Your continued access or use of the Logistics Services after the date of the new Logistics Terms constitutes Your acceptance of such new Logistics Terms. If You do not agree to the new Logistics Terms, You shall stop accessing or using the Logistics Services. For modifications to these Logistics Terms or to the Logistics Services that are made to meet security, safety, legal or regulatory requirements, we may not be able to notify You in advance, but we will make available relevant notice to You as soon as practicable.
3. TikTok’s Role3.1 Nothing hereunder shall be construed as TikTok being a party of the agreement between You and Buyer for the sale and purchase of the Product. TikTok’s provision of the Logistics Services to You shall not be deemed, expressly or by implication, as a representation, warranty or endorsement of the quality, legality, or compliance of the Product sold by You. You shall be solely responsible for the Product You sell to Buyer.
3.2 You acknowledge and agree that (i) TikTok is not a shipper, carrier, broker, forwarder, warehouseman, or similar third party of any mode or under any applicable laws or regulations; and (ii) TikTok itself is not performing regulated transportation or shipping services and uses third-party transportation providers (the “Carriers”) instead for the transportation of the Products and other services associated with the Products hereunder.
4. Logistics Services4.1. You shall arrange for shipping Your Products to the Carriers or the Fulfillment Warehouses. You shall be solely responsible for arranging and paying for the shipment of Your Products to: (i) the Carriers’ locations if you choose the Ship by TikTok service; and (ii) the fulfillment warehouses designated by TikTok (the “Fulfillment Warehouses”) if you choose to use any fulfillment services provided by TikTok. You may ship the Product to the Fulfillment Warehouses directly Yourself or through a third party engaged by You. For the avoidance of doubt, TikTok does not provide logistics services to You in connection with Your Products before they are duly received at the Fulfillment Warehouses and shall not be liable to You in any manner in connection therewith. You shall comply with all applicable laws and regulations, the TikTok Shop Customer Order Shipping Guidelines, and any other applicable policies and guidelines made available in the Seller Academy.
4.2. We have the right to reject shipment of certain Products. We have the right at our sole discretion to refuse to provide Logistics Services for a Product if: (i) in our view the handling and/or delivery of such Product is unsafe, illegal or non-compliant with the policies of TikTok or its delegates or subcontractors or any applicable laws or regulations; (ii) such Product is listed in the TikTok Shop Prohibited Products Policy or the TikTok Shop Restricted Products Policy; or (iii) such Product is not properly identified, described, marked or packaged to ensure safe delivery.
4.3. We decide the methods of transportation. TikTok may use any methods, routes, means and procedures of transportation, storage, loading or unloading, at TikTok’s sole discretion for the purpose of performing the Logistics Services without notice to You.
4.4. Time is not of essence. Unless otherwise specifically agreed by TikTok in writing, time shall not be of essence under these Logistics Terms. Unless otherwise expressly agreed in writing by TikTok that a Product shall depart or arrive by a particular date or time, TikTok accepts no responsibility for the date and time of the departure or arrival of the Products. Any date or time (if any) provided by TikTok prior to or when You make the Purchase or otherwise (other than the date and time indicated in the final waybill) is solely an estimated date or time for information purpose only.
4.5. Logistics Services may be limited to certain areas. Logistics Services may not be available in certain areas in certain states. If the delivery address is out of the delivery areas or states, the order for the delivery of the Product will be canceled by TikTok without liability.
4.6. Incomplete Delivery.(a) If for any reason after delivery of the Product to the Fulfillment Warehouses by You, the Logistics Services cannot be completed, the Product is not delivered to the Buyer ("Incomplete Delivery"), and the Product has not left the state from which the Products were shipped by You, You shall be responsible for arranging and paying for the return of the Product to You from the Fulfillment Warehouses notified to You by TikTok. You will not be entitled to any refund, compensation or damages in such event.
(b) In the event of Incomplete Delivery and the Product has left the state from which the Products were shipped by You, the Products will not be returned to You and may be disposed of by TikTok, its delegates or subcontractors in any way that TikTok sees fit. You will not be entitled to any refund, compensation or damages in such event.
4.7. Auxiliary Services. TikTok may offer You certain auxiliary services associated with the Logistics Service, including without limitation, shipping insurance coverage provided by third-party insurance companies. TikTok may charge reasonable fees to cover its costs associated with the administration of such auxiliary services.
5. Prohibited Items5.1. We will not handle or deliver Prohibited Items. You shall comply with all laws, regulations and rules applicable to the handling, transit and delivery of the Products through to their final destination. You agree that You shall not deliver to TikTok or cause TikTok to receive or handle goods that are prohibited in the TikTok Shop Prohibited Products Policy, goods that are restricted in the TikTok Restricted Products Policy without proper approvals in accordance therewith, or goods prohibited under applicable law for shipment (“Prohibited Items”).
5.2. We have the right to dispose of Prohibited Items. If a Prohibited Item comes into the possession of TikTok or its delegates or subcontractors, TikTok has the right to: (i) request You to pick up such Prohibited Items at Your cost and expense, or (ii) destroy, or otherwise dispose such Prohibited Items at TikTok’s sole discretion at Your cost and expense without TikTok, its delegates or subcontractors incurring any liability to You. You shall provide TikTok, its delegates and subcontractors with all assistance and information and take all measures or actions requested in connection with the handling or disposal of such Products at Your own cost and expense. Without limiting the generality of the above, You remain responsible for paying the Fees for the order containing Prohibited Items and such Fees are non-refundable.
5.3. Prohibited Items may be confiscated or otherwise disposed of by the relevant authorities. You expressly acknowledge and agree that the Prohibited Items handed over by You to us may be confiscated or otherwise disposed of by the authorities during the course of shipment. You shall be solely liable for Your losses, damages, or costs arising from such confiscation or disposal of Your Prohibited Items.
6. Requirements of Products Shipment6.1. Products shipped will be subject to certain requirements. Products may be subject to certain requirements and restrictions for shipment (e.g., weight, size), which, if applicable, we may notify You (such as in the “Seller Center” or otherwise) from time to time. Such requirements and restrictions may vary from state to state, depending on the destination of shipment, the route, or manner of transportation, etc. TikTok has the right to refuse to provide Logistics Services for Products which fail to satisfy such requirements or restrictions.
6.2. Some Products may need special handling or care. Certain Products may require special handling or care for transportation, such as frozen or fragile goods. You shall not tender for transportation any Products which require special handling or care without obtaining prior written consent of TikTok and providing all information required by TikTok (e.g., nature of the Products, temperature range to be maintained). If the above requirements are not satisfied, TikTok shall not be liable for any loss or damage of such Products.
6.3. No infringing Products are permitted. You agree that You shall not deliver or seek to deliver any Products which infringe on the copyright, trademark, patent or other intellectual property rights or proprietary right of any third party. For further information, please refer to the TikTok Shop Intellectual Property Policy and the TikTok Anti-Counterfeit Policy.
6.4. You shall have title to the Products. You represent that You have the legitimate ownership or legal possession of the Products delivered under these Logistics Terms. In no circumstances will TikTok be deemed the owner, possessor, or shipper of the Products.
6.5. You shall accurately declare the value of the Products. You shall accurately declare the value of the Products shipped by TikTok if value declaration is required. To the extent necessary and permitted by applicable law, TikTok may declare the value of certain Products on Your behalf to provide the Logistics Services and to provide relevant information to the relevant authorities responsible for calculating taxes.
6.6. You shall provide accurate information and assistance. You represent and warrant that you will provide and are solely responsible for providing, accurate, authentic, complete and sufficient information and documentation to TikTok in connection with the Products. You shall provide TikTok with all assistance and cooperation, and take all measures and actions required by TikTok, in connection with TikTok’s performance of the Logistics Services hereunder, including for inspection, quarantine, taxes of the Products.
6.7. Packaging of Products. You represent and warrant that: (i) you are and shall be solely responsible for packaging, packing, labeling, and preparing the Products securely, properly and sufficiently, and in accordance with all applicable laws and regulations; and (iii)the packaging of the Products shall be secure enough to ensure that the Products will not be damaged in transit. TikTok shall not be liable for any losses or damage of the Products which are improperly or insufficiently packaged, packed, labeled, or prepared, no matter how such loss or damage is caused.
6.8. Dangerous Goods. You represent and warrant that if Your Products include any regulated hazardous materials or dangerous goods (collectively, “Dangerous Goods”): (i) the Products shall be properly packaged, marked, and labeled, and in strict compliance with all applicable laws, regulations, and standards relating to the Dangerous Goods, including the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s Hazardous Materials Regulations, the International Air Transport Association’s Dangerous Goods Regulations, and the International Maritime Organization’s Dangerous Goods Code (collectively, “Dangerous Goods Laws”); (ii) you are and shall be the sole regulated shipper and offeror of the Products under the Dangerous Goods Laws; and (iii) you shall fully comply with Appendix A Dangerous Goods Terms and Conditions attached hereto (“Dangerous Goods Terms”). You understand and agree that under no circumstances will TikTok assume any liability or responsibility for the Products at any time except to the extent such liability is solely caused by our breach of these Logistics Terms.
7. Content of Products7.1. You shall be liable for the content of the Product. TikTok does not have the obligation to verify the content of the Product handed over by You for delivery, unless otherwise required by applicable law. The delivery documentation consists of only a receipt of the number of packages that were externally visible to carriers and does not act as a receipt of the number of Products or items that are not readily and reasonably visible to carriers at the time of delivery to carriers.
7.2. We have the right to refuse service for certain Products. If TikTok reasonably believes (whether based on visual inspection or otherwise) that the Product is in whole or in part not suitable for delivery or is otherwise in breach of these Logistics Terms or any applicable laws and regulations including the Dangerous Goods Laws, TikTok has the right, at its sole discretion to: (i) stop Logistics Services for such Product, (ii) return the Products to You at Your cost and expense and subject to Your indemnification obligations herein, (iii) continue to deliver the Product as is, or (iv) dispose the Product without liability to You at Your cost and expense. TikTok’s right to refuse service for certain Products does not release You from any of its obligations hereunder (including Your warranty that You shall not ship any Prohibited Items).
8. Return of Products by BuyerOn or after the delivery of the Product by TikTok, if You and Buyer agree on the return of the Product, the manner and cost for such return shall be handled by You and Buyer. TikTok shall have no responsibility for such return, unless otherwise agreed to by TikTok. If the returned Product is Dangerous Goods, You shall handle such returns in accordance with the Dangerous Goods Terms.
9. Fees and Payment9.1. Fees. As consideration for the Logistics Services under these Logistics Terms, You shall pay the fees and charges (“Fees”) for the Logistics Services as indicated in the Seller Center. TikTok may, in its sole discretion, amend the Fees from time to time and will inform You of such amendment by email or through the Seller Center.
9.2. Settlement and Invoice. TikTok will settle the Fees with You on every 1st and 16th day of each month. TikTok shall issue invoices to You at Your request.
9.3. Payment. You agree that all Fees due and payable to TikTok will be deducted from payments made by Buyers for purchasing the Products, and You have authorized TikTok's payment service providers to deduct or withhold from payments from Buyers any Fees and transfer such Fees to TikTok.
9.4. Taxes. You shall be responsible for all applicable taxes imposed on any amount payable by you for the Logistics Services hereunder, including but not limited to, sales and use taxes, value added taxes, and other transactional charges such as duties, customs, tariffs, imposts, and government-imposed surcharges.
10. IndemnificationYou shall indemnify, defend and hold harmless TikTok, its affiliates, subcontractors, logistics service providers, and their respective employees, officers, managers, agents (“TikTok Indemnitees”) against all claims, damages, costs, expenses (including reasonable attorneys’ fees), fines, penalties, levies, demands and other liabilities incurred by TikTok Indemnitees arising out of, resulting from or in connection with (a) Your breach of any representation, warranties, covenants, undertakings, agreement, or obligations hereunder (including those that You shall not hand over or attempt to ship Prohibited Items or Product that infringe any third party intellectual property rights, You shall accurately declare the value of the Products, and You shall provide accurate, complete, authentic information or take actions reasonably required by TikTok under these Logistics Terms); (b) Your use of the Logistics Services; (c) Your failure to comply with any and all applicable laws that apply to You including the Dangerous Goods Laws; (d) Your negligence, gross negligence, or willful misconduct; and (e) any tax demands or other charges or contributions relating to the our provision of the Logistic Services to You under these Logistics Terms.
11. Limitation of Liabilities11.1. Exclusion of Liabilities. Except for any liabilities that cannot be disclaimed under the applicable law, TikTok will not be responsible for any of the following liabilities that may arise in connection with the Seller's use of the Logistics Services or these Logistics Terms, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR (B) ANY LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), BUSINESS INTERRUPTION, LOSS OF DATA, USE, GOODWILL, OR INTANGIBLE LOSSES, EVEN IF TIKTOK HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. Further, TikTok will in no event be liable and will be released from any liabilities for the delay in delivery, loss, or damage of the Products, if such delay, loss or damage is caused by, arising from, in connection with or result from:
(a) negligence, gross negligence, or willful misconduct of Seller;
(b) Failure of Seller to comply with the provisions of these Logistics Terms or any applicable laws or regulations;
(c) Compliance with instructions of Seller;
(d) Defective, noncompliant, or insufficient packing, marking, labelling, or packaging of the Products, or classification of the materials contained therein;
(e) Defects of the Products and loss or damages arising therefrom or in connection therewith;
(f) Inaccurate, false, insufficient, incomplete, wrong information of the products provided by Seller;
(g) Inaccurate, false, insufficient, incomplete, wrong information of Seller or Buyer;
(h) Failure, suspension or interruption of the service of TikTok shop or other systems supporting logistics services due to maintenance (planned or not) or due to failure of internet, equipment, power, telecommunication service or cloud service;
(i) Force Majeure Event (as defined in Clause 13.1); or
(j) Any other event or reason not attributable to TikTok or the performance of the Logistics Services by TikTok (including any delay, loss or damage to the Product(s) caused by Sellers, or due to events beyond the reasonable control of TikTok).
11.2. Liability Cap. UNDER ALL CIRCUMSTANCES AND SUBJECT TO THE PROVISIONS OF THIS CLAUSE 11 (LIMITATION OF LIABILITIES), TIKTOK'S TOTAL AGGREGATE LIABILITY THAT MAY ARISE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, RESTITUTION OR OTHERWISE UNDER THESE LOGISTICS TERMS IS LIMITED TO THE TOTAL LOGISTICS FEES AND CHARGES INCURRED BY YOU IN THE 30 DAYS PRIOR TO THE CAUSE OF ACTION.
11.3. Warranty Disclaimer. TIKTOK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE LOGISTICS SERVICES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT FOR THOSE THAT ARE EXPRESSLY SET OUT IN THESE LOGISTICS TERMS.
12. Termination12.1. Mutual Termination for Convenience. Each party may terminate these Logistics Terms without cause by giving the other party not less than sixty (60) days’ written notice.
12.2. Mutual Termination for Cause. Each party may terminate these Logistics Terms immediately:
(a) if the other party is in material breach of its obligations hereunder and that breach is incapable of remedy, or if the breach is capable of remedy, the other party has failed to remedy the breach within thirty (30) days after the other party receiving written notice from the non-breaching party to remedy that breach; or
(b) if the other party by voluntary or involuntary action goes into liquidation, dissolves or files a petition for bankruptcy or suspension of payments, is adjudicated bankrupt, has a receiver or trustee appointed for its property or estate, becomes insolvent or makes an assignment for the benefit of creditors.
12.3. TikTok’s Right to Terminate for Cause. TikTok may terminate these Logistics Terms immediately by written notice without liability to You, if (a) You are in breach of any representation, warranties, or undertakings hereunder or under the Seller Terms or the Commercial Terms; (b) You have repeatedly breached these Logistics Terms, or (c) You are noncompliant with any applicable laws or regulations.
12.4. Suspension or Termination under Seller TOS. Seller expressly acknowledges that (a) the termination of these Logistics Terms for any reason will result in the automatic termination of the Seller Terms between You and TikTok, and the termination of the Seller Terms between You and TikTok for any reason will automatically terminate these Logistics Terms; and (b) any suspension of Your account under the Seller Terms will result in the suspension of the Logistics Services hereunder.
12.5. On-going Orders. Notwithstanding anything to the contrary therein, If (a) there are outstanding orders between You and Buyer as of the termination date of these Logistics Terms, these Logistics Terms shall be extended until the Logistics Services for all such orders have been performed, (b) there are outstanding orders between You and Buyer as of the suspension date of the Logistics Services, TikTok shall continue to provide the Logistics Services for such orders, provided that such orders and the provision of Logistics Services for such orders are not in breach of the Seller Terms, the Commercial Terms, these Logistics Terms, TikTok Shop policies or guidelines, or applicable law.
12.6. Effect of Termination. The termination of these Logistics Terms shall not relieve any party of obligations accrued prior to the date of termination.
12.7. Survival. This Clause 12.7 and Clauses 3, 9, 10, 11, 12.6, and 13 will survive the termination of these Logistics Terms.
13. Other Terms13.1. Force Majeure Event. TikTok will not be liable for any delay or failure to perform any of its obligations under these Logistics Terms for reasons, events or other matters beyond its reasonable control. (each, a “Force Majeure Event”), including flood, wildfire, blizzard, mudslide, tornado, tidal wave, hurricane, pandemic, epidemic, war, terrorism, strike, act or omission of authorities, change of law or regulation, or other act of God.
13.2. Our contact information. If You have any questions or claims in connection with the Logistics Services or these Logistics Terms, please contact us at e-commerce@tiktok.com.
Appendix A Dangerous Goods Terms and Conditions
1. Regulated Party under the HMR, DGR, and IMDG You understand and agree that You alone are the regulated shipper or offeror (the “Shipper”) of any and all regulated Dangerous Goods in commerce under the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Association’s Hazardous Materials Regulations (the “HMR”), the International Air Transport Association’s Dangerous Goods Regulations (the “DGR”), and the International Maritime Organization’s Dangerous Goods Code (the “IMDG Code”). Accordingly, You shall offer Dangerous Goods in compliance with all applicable laws including the HMR, the DGR, and the IMDG Code. You shall be responsible for all of the obligations of the offeror and shipper under the Dangerous Goods Laws including the following:(a) Properly classifying Dangerous Goods contained in shipments;
(b) Properly preparing shipping papers including by providing complete and accurate information as required under the Dangerous Goods Laws when printing labels through TikTok’s platform;
(c) Labeling shipments in accordance with the Dangerous Goods Laws;
(d) Marking shipments in accordance with the Dangerous Goods Laws;
(e) Packaging shipments in accordance with the Dangerous Goods Laws;
(f) Providing appropriate instructions and safety information for the transportation, storage, and handling of the Dangerous Goods contained in Your shipments; and
(g) Any safety, training, other requirements applicable to You as the shipper or offeror of Dangerous Goods, and the sole party with knowledge about the Dangerous Goods contained in shipments, under the Dangerous Goods Laws.
2. Information Regarding Shipments You understand and agree that TikTok and its third-party logistics providers have no information about the contents of Your shipments or Dangerous Goods contained therein. Accordingly, You shall provide all such information, including Dangerous Goods classification and all other required information for transportation and storage of Dangerous Goods, in complete and accurate form to ensure compliance with the Dangerous Goods Laws. This responsibility includes the information You provide via TikTok’s platform or otherwise provide for online and offline warehousing and transportation services.
3. Returns(a) When a return of Your shipment or Products is requested and approved, You shall be responsible for providing a return label and packaging instructions to buyers (or to TikTok to forward to buyers) that are compliant with the Dangerous Goods Laws. You shall satisfy any other requirements of shippers under the Dangerous Goods Laws applicable to such return.
(b) When TikTok requests to make a return of Your shipment or Products from one if the Fulfillment Warehouses or other locations, You shall provide TikTok or its logistics providers with a return label and packaging instructions that are compliant with the Dangerous Goods Laws. You shall satisfy any other requirements of shippers under the Dangerous Goods Laws applicable to such return.
(c) In the instance of all returns, You shall remain solely responsible and solely liable for shipper’s compliance with the Dangerous Goods Laws and You shall indemnify, defend, and hold harmless TikTok and its affiliates, subcontractors, logistics service providers, consumers, and their respective employees, officers, managers, and agents (“TikTok Indemnitees”) from and against any and all claims, damages, costs, expenses, fines, penalties, levies, demands and other liabilities including all governmental actions, investigations, claims, fines, and penalties, incurred by TikTok Indemnitees or consumers arising out of or resulting from or in connection with your noncompliance with the Dangerous Goods in such returns.
4. TikTok’s RoleYou understand and agree that: (i) TikTok is not a regulated party under the Dangerous Goods Laws and is a mere arranger of transportation and logistics services; (ii) TikTok has no responsibilities, obligations, or liability for compliance with or violation of the Dangerous Goods Laws; and (iii) TikTok reserves the right to refuse service and destroy any shipments or Products that are noncompliant with or in violation of the Dangerous Goods Laws at its sole discretion and at Your sole cost and expense.