Effective Date: July 1, 2025
Welcome to SHEIN’s Canadian web, mobile site and mobile application.
These terms and conditions ( "Agreement" or "Terms" ) govern your use of the https://ca.shein.com/ website (the "Site” ), related SHEIN mobile application(s) available to Canadian residents (the "App(s)" ), any other written, electronic, and oral communications with SHEIN, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and Apps, the "Services" ). You must be the age of majority in the province or territory in which you reside for the purposes of entering into this Agreement and to use the Services.
BY ACCESSING THE SITE OR BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITE OR USE THE SERVICES.
SOME JURISDICTIONS IN CANADA, SUCH AS THE PROVINCE OF QUEBEC, PROHIBIT PRE-DISPUTE ARBITRATION AGREEMENTS OR CLASS ACTION WAIVERS IN CONSUMER CONTRACTS. IF YOU ARE A CONSUMER IN SUCH A JURISDICTION, THE FOLLOWING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS MAY NOT APPLY TO YOU. SUBJECT TO APPLICABLE LAW, THIS AGREEMENT REQUIRES BINDING ARBITRATION AND INCLUDES A WAIVER OF CLASS ACTION RIGHTS, AS FURTHER DESCRIBED BELOW.
1. GENERAL
1.1 Services. The Site and the Apps are provided by SHEIN Distribution Canada Limited. Where applicable, "SHEIN" the "Company”, "we", "us" and "our" shall refer to SHEIN Distribution Canada Limited and its affiliates, and "you" or "your" shall refer to the user of the Services. The Services provide an online marketplace that enables users in Canada to purchase products from third-party sellers (“Third-Party Seller(s)”) and/or SHEIN Distribution Canada Limited. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. Subject to Applicable law, we reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with SHEIN after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.
1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Privacy Policy , Bonus Point Policy , Coupon Policy and Gift Card Policy ( “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.
2. USE OF OUR SERVICES
2.1 Use of Services. Subject to the terms and conditions of this Agreement, SHEIN hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages etc, by identifying your User Account as “fraudulent” or “blocklisted”, or to terminate your User Account if we find, in our reasonable and justified opinion, that you are in breach of the Terms (including any of the policies) or any applicable laws. A reasonable and justified opinion shall be considered a valid reason when there are concrete indications that you are disregarding the Terms or any applicable laws.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
• Use the Services for any unlawful purposes, or in a way that could violate any applicable federal, provincial, local, or international law or regulation the rights of SHEIN, or the rights of any third-party;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
• Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
• Use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
• use any improper or fraudulent means (such as using simulators, unauthorised plug-ins, or other illegal or malicious tools; creating multiple accounts for unjustifiable purposes; altering device code; engaging in other violations);
• engage in unusual account activities, including but not limited to:
i. Filing multiple fraudulent claims of delivered but not received items/or received missing items or wrong items;
ii. Multiple times returning non-SHEIN items or returning items don't meet the return requirement laid out in the Return Policy ; iii. SHEIN is notified by a regulatory authority, court or financial institution regarding a card fraud associated with the User Account.
• Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
• Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a SHEIN user account (“User Account”), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App's security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
Your Wallet (defined below) will only work in Canada. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to suspend or terminate your User Accounts and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by SHEIN due to your violation of any portion of these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site or App, or by contacting us as described in the "Contact Us" section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose the ability to use those assets, except as provided by applicable law, if you do not reach out to Customer Service . To the fullest extent permitted by applicable law, SHEIN will not have any liability whatsoever to you for any suspension or termination of your User Account. By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time and consent to receiving such emails. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Wallet. If you create a User Account, you will be provided with a SHEIN digital wallet ( "Wallet" ) that can be used to collect and hold Wallet credits, promotional coupons, and promotional points, and to track gift cards (see details on each type below) issued by SHEIN via the Services. The Wallet is provided as a convenience to enable you to readily access these features; you cannot load your own funds to the Wallet, and nothing maintained in the Wallet has any cash value except as expressly indicated below or as otherwise provided by applicable law. Wallet credits, promotional coupons, promotional points, and gift cards can only be redeemed, as applicable, in connection with purchase of products available on the Services in accordance with the terms below, and not for any other purpose. Gift cards can only be redeemed in connection with the purchase of products sold by SHEIN, not Third-Party Sellers. The Wallet is accessible via the Site or the App in the section "My Assets" of your User Account. Wallet credits, promotional coupons, promotional points, and gift cards cannot be redeemed for cash, except as may be required under applicable law. Your total My Assets balance, including Wallet credits, cannot exceed $2,000 CAD at any time. You may view your total My Assets balance of the various items in your Wallet, including the value of Wallet credits available for redemption, in the “My Assets” section. This balance information is provided for your convenience only and is not intended to reflect, and does not constitute, an aggregate balance of funds available for you to spend and held on your behalf by SHEIN (or any other party). In addition, subject to applicable law, we may limit the amounts in Wallet credits, gift cards, or coupons that you are able to maintain at any given time, at our sole discretion.
•Promotional Points: Promotional points are stored in your Wallet. Promotional points may be earned by participating in certain activities and by purchasing products through the Services, as further detailed in Bonus Point Policy , promotional points are subject to expiration and cancellation by the Company. Promotional Points can only be redeemed on the site through which they were granted (for example, if promotional points were granted on the ca.shein.com site, then they can only be redeemed on that site). Promotional Points may not be used for the purchase of certain products sold by Third-Party Sellers.
•Promotional Coupons: Coupons are subject to additional terms and conditions found in SHEIN’s Coupon Policy , which may change from time to time with or without notice. Coupons provided to you are subject to expiration in accordance with the Coupon Policy. The use of coupons granted by SHEIN is subject to limitations as provided in connection with each promotional coupon. Promotional coupons can only be used on the site through which they were granted (for example, if a promotional coupon was granted on the ca.shein.com site, then it can only be used on that site). Notwithstanding the foregoing, only those promotional coupons that are identified by SHEIN as being eligible for Third-Party Sellers’ products may be used for purchasing Third-Party Sellers’ products on the Services, and any promotional coupons that are identified as only for Third-Party Sellers’ products may not be used for purchasing products sold by SHEIN.
•Wallet Credit: Wallet Credit may be provided to you when you return items you purchased on the Service in accordance with our Return Policy and choose a Wallet Credit in lieu of a refund to your original payment method. In electing to receive a Wallet Credit instead of a refund to the payment method used for your purchase, you understand and agree that you will not receive and will no longer be able to receive a refund to your payment method or any other method. The Wallet Credit cannot be redeemed for cash and does not have any cash value, except as may be required under applicable law. Wallet Credits can be redeemed towards purchases on the Services and can only be redeemed on the site through which the Wallet Credit was granted (for example, if you ordered and subsequently returned a product on the ca.shein.com site and elected to receive a Wallet Credit, that Wallet Credit can only be redeemed on that site).
•Promotional Wallet Credit: Promotional Wallet Credit may be provided to you if you participate in promotional activities on the Site or the App, such as in-App Games and the Check-In program, and earn Promotional Wallet Credit according to the terms and conditions of such promotional activities. Promotional Wallet Credit cannot be redeemed for cash and does not have any cash value, except as may be required under applicable law. Promotional Wallet Credits can be redeemed towards purchases on the Services and can only be redeemed on the site through which the Promotional Wallet Credit was granted. Promotional Wallet Credits provided to you through SHEIN promotional activities on the Site or the App, such as in-App Games and SHEIN Club Credits Rewards etc., cannot be redeemed towards the purchase of certain products sold by Third-Party Sellers. The inapplicability of Promotional Wallet Credits to such Third-Party Seller products will be noted on the checkout page. Promotional Wallet Credits provided to you through SHEIN promotional activities on the Site or the App, such as in-App Games and SHEIN Club Credits Rewards etc., cannot be redeemed towards the purchase of certain products sold by Third-Party Sellers. The inapplicability of Promotional Wallet Credits to such Third-Party Seller products will be noted on the checkout page.
•Gift Cards: Gift cards may be tracked under the "My Assets" section of your User Account. You can view your gift card balance by entering the gift card number and pin. Your gift card balance is the value of the gift card less any amounts that have already been redeemed for purchases, if any. Gift cards are subject to the terms and conditions set out in SHEIN’s Gift Card Policy, which are incorporated by reference to these Terms. Gift cards given to you as a promotion will be clearly identified as such, and may be subject to expiration or cancellation by Company in accordance with the Gift Card Policy and the terms of any such promotional gift card. Gift cards can only be redeemed on the site through which they were purchased or provided (for example, if a gift card was purchased or provided through the ca.shein.com site, then it can only be redeemed on that website). Gift cards can only be used for purchases of SHEIN’s products and cannot be used for purchases of Third-Party Sellers’ products.
2.5 Interactions with Other Users. When interacting with others via the Services, including Third-Party Sellers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. You are solely responsible for your interactions with any other parties with whom you interact; provided, however, that SHEIN reserves the right, but has no obligation, to provide support in the event of disputes between you and any Third-Party Sellers or other users of the Services. YOU AGREE THAT NEITHER SHEIN NOR ITS LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY SELLER OR OTHER USER OF THE SERVICES, AND THAT SHEIN MAKES NO REPRESENTATIONS WITH RESPECT TO YOUR INTERACTIONS WITH THEM. SHEIN AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH THIRD-PARTY SELLERS OR OTHER USERS OF THE SERVICES, OR YOUR USE OF OR INABILITY TO USE ANY ITEMS PURCHASED FROM A THIRD-PARTY SELLER THROUGH THE SERVICES.
2.6 Accurate Information. Customs. You must provide valid, complete and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses(including for shipping and payment) must also be accurate and valid. If any information is missing, or incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, neither SHEIN nor any Third-Party Seller will be responsible or be obligated to offer any compensation to you whatsoever. If applicable, you hereby authorize SHEIN and/or Third-Party Sellers to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account. This includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Services. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.
3. PRIVACY POLICY
SHEIN’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. To view SHEIN’s Privacy Policy, click here .
4. ERRORS
While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions , including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we or a Third-Party Seller cancel all or part of an order, we will provide you with notice and a refund.
5. PURCHASES
5.1 Prices and Orders. All product prices listed on the Services are exclusive of shipping charges and any goods and sales tax, provincial sales tax, harmonized sales tax, and other taxes or fees (where applicable), which will be charged to you separately at the applicable rate on each order.
Prices may change at any time, but (other than as set out above under Section 4, "Errors") changes shall not affect the orders for which we have sent an order confirmation email. All amounts are in Canadian dollars unless otherwise noted on the Site or in the App.
For a detailed description of our order process, please visit How to Order . Credit cards are subject to verification and authorization by the card issuer. If you made a purchase through your User Account, your purchase and order history are available in the "My Orders" section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” in connection with an order on the Services, you are offering to purchase products available on the Services, the acceptance of such offer is in our and/or the Third-Party Seller’s, as applicable, sole discretion; confirmation of acceptance (if any) will be communicated to you in an order confirmation via email..
You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating such transaction.
By using the Services and agreeing to these Terms, you also agree to be bound by any third-party payment terms, and You consent and authorize us and any third-party payment provider to share any information and payment instructions you provide with third party service provider(s) to the minimum extent required to complete your transactions. You can find more information about payment at Payment Method . You are responsible for all transactions (one-time, recurring, and refunds) processed through any third-party payment provider. SHEIN is not liable for loss or damage from errant or invalid transactions processed by any third-party payment provider. This includes transactions that were not processed due to a network communication error, or any other reason. If you enter into a transaction, it is your responsibility to verify that the transaction was successfully processed.
You agree to pay for all amounts specified in an Order Confirmation, including all shipping charges and local sales tax and other applicable taxes.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be an accurate depiction of the color of the product you selected to purchase.
5.3 Shipping. Although some of the products sold on the Services may be available to be shipped from a location within Canada, other products may be shipped from outside of Canada. We may include a “Quickship” tag on the product page of certain products. A “Quickship” tag will let you know that the item may be available to be shipped from a location in Canada. However, if such item is no longer available to be shipped from within Canada the time your order is placed, it will be shipped from outside Canada.
5.4 Title and Shipment. Title to any purchased items transfers from the respective seller (i.e., SHEIN Distribution Canada Limited if you purchase a product sold by SHEIN or the Third-Party Seller if you purchase a product sold by a Third-Party Seller) to you when the products are delivered to the shipping address provided by you. SHEIN neither owns nor takes title to any product sold by a Third-Party Seller. Subject to applicable law, any legitimate claims arising from loss or damage during delivery of the order by the carrier to your delivery address must be made to customer service within fourteen (14) days after your received the goods or should have received the goods (in case of lost goods). If we determine that your claim is valid, at our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms & conditions as set forth herein), or we will reimburse you purchase price and shipping cost did not include other items that were delivered without damage).
Return of product. Returns of items purchased on the Service will be accepted in accordance with our Return Policy . Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (free return shipping will only be available for one return per order). The refund will be credited either to your Wallet associated with your User Account (subject to Section 2.4 of these Terms) or to your original method of payment at your election. If you choose a Wallet credit, you will not be able to redeem the Wallet credit for cash, except as required under applicable law. Certain items are non-returnable as specified in the Return Policy.
5.5 Purchases from Third-Party Sellers. Because SHEIN does not own any of the products that are listed by Third-Party Sellers, all such products are purchased from and sold directly by such Third-Party Sellers. SHEIN is not a party to any transaction for products listed by Third-Party Sellers, and accordingly, any contract for the purchase of products listed by Third-Party Sellers through the Services is entered into directly between the applicable purchaser and such Third-Party Seller. While SHEIN may facilitate these transactions through the Services (including by acting as limited payments agent on behalf of Third-Party Sellers to process payments on such sellers’ behalf), we have no control over and do not guarantee the existence, quality, timing, condition, safety or legality of products offered for sale by Third-Party Sellers through the Services; the truth or accuracy of listings for products sold by Third-Party Sellers; the integrity, responsibility, or any actions of any Third-Party Sellers; the ability of any Third-Party Sellers to sell products; or that any Third-Party Seller will actually complete a transaction. SHEIN is not an auctioneer, seller, or carrier of any items that are listed for sale by Third-Party Sellers.
Some sellers are not subject to our general shipping fees and free shipping threshold policies, and may charge additional shipping fees. The specific shipping policies applicable to such sellers are stated on their product listing pages.
5.6 Release for Disputes with Third-Party Sellers. To the fullest extent permitted by applicable law, SHEIN expressly disclaims any and all liability that may arise between you and any Third-Party Seller. The Services merely provide a venue for connecting our users with Third-Party Sellers. Because SHEIN is not a party to the actual contracts between you and any Third-Party Seller that you purchase a product from, in the event that you have a dispute with any Third-Party Seller, you release SHEIN, its parents, subsidiaries, affiliates, and all of their officers, employees, investors, agents, partners and licensors, but excluding any Third-Party Sellers (each a “SHEIN Party” and collectively, the “SHEIN Parties” ) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, "Content" ), as well as the design of any products offered on the Services, may be the property of SHEIN or others and protected by Canadian and international copyright, trademark, trade dress, patent, trade secret and/or other intellectual property laws. You may only access the Content as permitted under these Terms.
6.2 Marks. The trademark SHEIN and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by SHEIN in connection with the Services, are trademarks, service marks and trade dress of SHEIN (collectively, the "Marks" ) in Canada and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of SHEIN. All other trademarks not owned by SHEIN that appear in connection with products offered on the service are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by SHEIN. Use of the Marks on any is, t on any portion of the Services , is not a representation that SHEIN is the owner of any copyright or other intellectual property rights in the products offered for sale on the Services. SHEIN sources some of its products from third-party manufacturers and wholesalers, and the Services offer products sold by Third-Party Sellers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to SHEIN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, royalty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and is subject to the Company’s review and monitoring. You also waive all moral rights therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. We reserve all rights not expressly granted in and to the Content.
6.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or App, including, without limitation, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions" ) is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to the Company on a non-exclusive basis without charge and we shall have the royalty-free, worldwide, sub licensable, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to SHEIN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable non-exclusive license to duplicate, use, or incorporate all your Submissions. You also waive all moral rights in any Submissions.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to the Services, such contributed content shall be considered as user-generated content ( “UGC” ) to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
• Disclosure of another person’s personal information, the publication of which would violate federal or provincial law, or otherwise be construed as harassment
• Sexually explicit or pornographic content;
• Profanity;
• Derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
• Incitements to violence or other dangerous activities;
• Terrorism or other criminal activities;
• Insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
• Harassment, bullying, or threats;
• Dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
• Spam;
• False or misleading information or claims pertaining to products made available for purchase on the Services; Transactions in cryptocurrencies;
• False medical-related claims or contents;
• Content that infringes intellectual property rights;
• Content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
• Any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that SHEIN, in its sole discretion, may remove, block any UGC for any reason, in its sole discretion, including any UGC that it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of your access to all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that SHEIN is not obligated to police or actively review UGC prior to its display on SHEIN’s the Services, and that you are therefore solely responsible for the UGC you elect to post on the Services.
7. THIRD PARTY LINKS AND RESOURCES
The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8. ADDITIONAL APP TERMS.
8.1 App License. Application License. Subject to your compliance with these Terms, SHEIN grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App a single device (as defined below) that you own or control and to run such copy of the App solely for your own personal purposes.
8.2 Downloading the App from Google Play. If you accessed through or downloaded the App from the Google Play store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
8.3 Downloading the App from the Apple App Store. If you accessed the App through or downloaded the App from the Apple App Store, you shall only use the App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. In addition, the following applies if you accessed the App through or downloaded the App from the Apple App Store.
• You acknowledge and agree that (i) these Terms are concluded between you and SHEIN only, and not Apple, and (ii) SHEIN, not Apple, is solely responsible for the App or content thereof. Your use of the App must comply with the App.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between SHEIN and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SHEIN.
• You and SHEIN acknowledge that, as between SHEIN and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and SHEIN acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, as between SHEIN and Apple, SHEIN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• You and SHEIN acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
• Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App.
9. TEXT MESSAGING PROGRAM
GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US , INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO TEXT MESSAGES YOU RECEIVE FROM US, TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.
9.1 Enrollment. You must expressly opt in to SHEIN’s text messaging program (the “Program”) to receive Program messages. By enrolling, you expressly consent to receive recurring SMS and MMS messages from SHEIN at the telephone number you designated, including advertising, marketing, news, updates, and other information from or on behalf of SHEIN. You acknowledge and agree that Program messages may be sent using an automatic telephone dialing system, another automated system for the selection and dialing of telephone numbers, or any other messaging technology. Your consent to participate in our Program is not required (directly or indirectly) as a condition of purchasing any property, goods, or services and it is not required to use our Site, App, or Services.
9.2 Message Frequency. Program message frequency varies and we may change the frequency of the messages you receive at any time, including in response to your interactions with us.
9.3 Getting HELP. For Program support or assistance, text the keyword HELP to the short code or number from which you currently are receiving our text messages, respond with the keyword HELP to any message you receive from our Program, or email [email protected] .
9.4 Opting Out. You can opt out from receiving SMS/MMS text messages through our Program by responding with the keyword STOP to any message you receive from our Program, or just texting STOP to the short code or number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Program at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and that we will not be responsible for honoring such requests.
9.5 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
9.6 Your Duties for Your Own Phone Number. If you enroll in the Program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center immediately. The Program is offered on an “as-is”, “as-available” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors, and/or any mobile carrier is liable for failed, delayed, misdirected, or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under applicable Canadian laws.
9.7 Participation Subject to Termination or Change. If you enroll in SHEIN’s Program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
9.8 Privacy. If you have any questions regarding privacy, please read our Privacy Policy at SHEIN PRIVACY POLICY | SHEIN CA.
10. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( "Force Majeure" ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
• Strike, lockout, or other forms of protest;
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster;
• Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private;
• Inability to use public or private telecommunication systems;
• Acts, decrees, legislation, regulations or restrictions of any government or public authority; and
• Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
11. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE FOLLOWING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
11.1 Company Liability. Unless otherwise indicated expressly in these Terms, our liability regarding any product purchased through the Services is limited to the purchase price of that product. However, nothing in these Terms excludes or limits our liability for:
• Death or personal harm caused by our negligence;
• Fraud or fraudulent misrepresentation; or
• Any other liability that cannot be excluded or limited under applicable law.
11.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent permitted by law, and unless these Terms indicate otherwise, we will not be liable for:
• loss of income or sales;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data; or
• loss of business opportunity or management time.
11.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those that that cannot be legally excluded under applicable Canadian law.
Products Sold by SHEIN. If you purchase a product sold by SHEIN on the Services, SHEIN is obliged to deliver such product in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHEIN HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY SHEIN, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.
Products of Third-Party Sellers. SHEIN does not make any warranties regarding products that are OFFERED OR sold by Third-Party Sellers. SHEIN EXPRESSLY DISCLAIMs ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If you buy a product that is sold by a Third-Party Seller, you assume, agree and understand that you bear all of the risks in purchasing such product via the Services. WITHOUT LIMITING THE FOREGOING, SHEIN MAKES NO WARRANTY THAT ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLERS WILL MEET YOUR REQUIREMENTS, BE DELIVERED IN A TIMELY MANNER, OR BE IN THE CONDITION DESCRIBED IN THE PRODUCT’S LISTING. SHEIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH PRODUCTS.
12. LIMITATION OF LIABILITY
SOME JURISDICTIONS IN CANADA DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE FOLLOWING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF SHEIN TO YOU.
(1) BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APP, ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND RELATING TO THE SERVICES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
(3) NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF SHEIN FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMIDY FOR ANY CAUSE OR CLAIM WHATSOEVER,SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,INFORAMTION OR SERVICE PURCHASED BY YOU FROM SHEIN ON THIS WEBSITE.WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
(4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
13. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN CANADA
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
12.1 Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
12.2 Agreement to Binding Arbitration. This section does not apply to you if you are a consumer residing in the province of Quebec. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. Unless otherwise prohibited by law in the province or territory in which you reside, all claims arising out of or relating to the Terms (including their formation, performance, and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration in accordance with the ADR Institute of Canada’s Arbitration Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the ADR Institute of Canada’s Arbitration Rules. The arbitrator, and not any federal, provincial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the law in the province or territory in which you reside.
The ADR Institute of Canada’s Arbitration Rules governing the arbitration may be accessed at https://adric.ca/rules-codes/arbrules/. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty Canadian Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to the arbitrator along with your form for initiating the arbitration, and we will pay all necessary fees directly to the arbitrator. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to the arbitrator. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and we understand that if this mandatory arbitration provision is invalid or prohibited by law in the province in which you reside, you and we have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
12.3 Class Action and Class Arbitration Waiver. SOME JURISDICTIONSDO NOT ALLOW ARBITRATION OR CLASS ACTION WAIVERS IN CERTAIN CIRCUMSTANCES, SO THE FOLLOWING MAY NOT APPLY TO YOU. Unless prohibited by law in the jurisdiction in which you reside, you and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
12.4 Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5 30-Day Right to Opt-Out. This section does not apply to you if you are a consumer residing in the province of Quebec. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at [email protected] The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.
12.6 Exclusive Venue for Litigation. SOME JURISDICTIONS IN CANADA DO NOT ALLOW THE IMPOSITION OF A JURISDICTION OTHER THAN THE CONSUMER’S PLACE OF RESIDENCE; SO THE FOLLOWING MAY NOT APPLY TO YOU. Unless prohibited by law in the jurisdiction in which you reside, to the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in the provincial or federal courts located in Ontario (except for small claims court actions which may be brought in the jurisdiction where you reside). You and we expressly consent to exclusive jurisdiction in Ontario for any litigation other than small claims court actions. In the event of litigation relating to the Terms or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
14. LEGAL TERMS
14.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
14.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy , and any other legal notices and polices published on the Site or App, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
14.3 Electronic Communications. Subject to applicable laws and regulations, the communications between you and SHEIN may take place via electronic means, whether you visit the Services or send SHEIN e-mails, or whether SHEIN posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from SHEIN in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SHEIN electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.
14.4 Indemnification. To the extent permitted by applicable law, you agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services, including any Third-Party Sellers; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
This provision does not require you to indemnify SHEIN for any unconscionable commercial practice by SHEIN or for SHEIN’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.
14.5 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
14.6 Applicable Law. If you are a resident of Canada, your use of the Services and the purchase of products through Services shall be governed by the laws of the province or territory in which you reside. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.
14.7 Notice. Where SHEIN requires that you provide an e-mail address, you are responsible for providing SHEIN with a valid and current e-mail address. In the event that the e-mail address you provided to SHEIN is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, SHEIN’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SHEIN to 10 Canfield Drive, Markham, ON L3S 3J1 Canada. Such notice shall be deemed given when received by SHEIN’s agent for service of process.
14.8 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
15. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
15.1 As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We reserve the right, but not the obligation, to terminate your license to use the Services if we determine in our sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
15.2 If you believe that any material located, or linked to by the Services violates your copyright, trademark, or other intellectual property rights, please submit your complaint through our online intellectual property complaint portal: https://www.shein.com/ip-complaint. Alternatively, you may send a notice (“Notice”) of claimed infringement by email to [email protected] with the subject "Takedown Request," and include the following information:
• If a copyright is at issue, identify the copyrighted work that you claim has been infringed along with any copyright registration number.
• If a trademark is at issue, identify the trademark that you claim has been infringed along with any trademark registration number.
• If a patent is at issue, identify the patent that you claim has been infringed along with the patent registration number.
• Identify the material on our Services that you claim is infringing your rights and provide us with information reasonably sufficient to permit us to locate the allegedly infringing material.
For example, if the allegedly infringing material is a product, identify the product by providing a description and a link to such product.
• Provide your full legal name, company affiliation, mailing address, telephone number, and email address.
• Include in the body of your Notice the following statements, followed by your electronic or physical signature: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright, or other proprietary right, owner, its agent, or the law. I hereby state that the information in this Notice is accurate and state, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
Upon receipt of such notices, we reserve the right, but not the obligation, to remove any or disable access to the material or disable any links to any material, notify the party accused of infringement that we have removed or disabled access to the applicable material; and terminate access to and use of the Services for any user or Third-Party Seller who repeatedly infringes the intellectual property rights of SHEIN or others, or as otherwise stated in this Agreement or our policies.
16. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at [email protected] or through our Customer Service Platform . Our business address is 10 Canfield Drive, Markham, ON L3S 3J1 Canada and our general telephone number is 18335623668. Customer service inquiries should be made through our Customer Service Platform.
17. INTERNATIONAL USERS
The Services are intended for Canada-based users and products sold on the Services are sold only to users located in Canada. SHEIN makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.