Unique items that you design and manufacture (the "
") are sold as part of a limited edition series or as single items (as further detailed below) via our Distribution Channels and partnership networks.
OOX will promote your Designs via all or some of the Distribution Channels with the goal of making sales on your behalf.
Featuring Designs on our Distribution Channels.
Designs which will be featured on any of the Distribution Channels are subject to our sole and absolute discretion.
Designs which received our approval and are marketed via any of the Distribution Channels as a "limited edition" series will not be distributed, displayed or offered for sale in any venue save for via OOX. It should be noted that this applies also to your own website or any other website, shop, stall or any other means of display or sale for the period defined by OOX. You hereby acknowledge and guarantee to us that all Designs under a limited edition series are unique and cannot be found anywhere else besides via the designated Distribution Channels.
OOX, at its discretion, may allow the Designer to reclaim the rights to display and distribute a Design under a limited edition series via certain other distribution channels by providing the Designer with a prior written notice. Such notice shall indicate the limitations (if any) with respect to the display and distribution of the applicable Design.
Limited Edition Labels.
Each item of Design under a limited edition series will receive a unique label stating the item’s location in the series (e.g. 1 out of 100, 2 out of 100 and so on). This label is a unique identifier and proves that this item is genuine. The labels will be provided by OOX and the Designer will be responsible for attaching the labels to the items before shipping them.
Help us Protect the Customers.
Customers that are purchasing items as part of a limited edition series will be aggrieved if the Design was or will be sold elsewhere or in quantities which exceed their expectations. Help us give them a positive experience and keep the Design limited only to the quantity and the Customers that purchased it through the applicable Distribution Channel.
Supply to Customers:
Upon the placement of a purchase order by OOX (the "
"), the Designer undertakes to manufacture the Designs and deliver the same to the Customers within the period of time as set out in each Design portfolio.
Branding & Packaging.
Each Purchase Order will specify the branding and packaging requirements for the applicable Design, according to which you will prepare the Designs for shipping. Such requirements may either include standard simple packaging (e.g. plain boxes), or the Designer's branded packaging (in case the Designs are being shipped directly to the Customer. Branding and packaging costs will be borne by the Designer.
The Designer will be solely responsible for having the Designs ready for pickup by OOX according to the specifications set out in the Purchase Order, or according to any other instructions provided by OOX with respect to the branding, packaging, time schedules etc. OOX will be responsible for picking up the Designs (which are ready for pickup by OOX according to the specifications set out in the Purchase Order) from the Designers and shipping them to the Customers and will bear all costs of shipping.
You will use all efforts to deliver the items as mentioned in the Design's portfolio. In case of a failure to deliver your orders on time, for any reason, you will be required to notify us as soon as possible and undertake to comply with the provisions set out below.
The designer shall produce to OOX a receipt for the delivery to the Customers in a manner as set out by OOX.
Guarantee and Service:
The Designer shall solely and wholly guarantee that the Designs delivered by him/her are his or her own designs.
The designer will provide to OOX up to 3 samples at cost upon request, for the purpose of presenting it in offline tradshows and potential partners.
Level of Service.
Throughout the process, you owe your Customers a high standard of service, honest communication and complete dedication to bring the project to life (this also includes making no misrepresentations in your communication to Customers).
We demand that the Designs
will be made using
high quality materials and techniques. We reserve the right to perform random QA tests for Designs and will have the right to stop working with Designers that do not meet the expected level of quality.
If you are unable to complete a specific Design and fulfill your Customers' orders, you have failed to live up to the basic obligations under your engagement with OOX and your Customers. To right this, you undertake to make every reasonable effort to bring the Design to the best possible conclusion for your Customers. If you are unable to complete a specific Design in the agreed schedule, you undertake to offer to return all amounts which have already been paid to you for such Design.
Customer Exchanges and Refunds.
The Customer is entitled to exchange a flawed purchased Design with an identical Design of the same series, provided the desired Design is in stock, or return a Design for whatever reason and request a full refund from the Designer within up to 14 days of receipt of a Design. The Designer undertakes to exchange the Design or provide a full refund at its own cost. The costs of returning the items shall be borne by the Customer in case of return and on the Designer in case of flawed design.
OOX Exchanges and Refunds.
In case of a bulk purchase (i.e. the purchase of a minimum amount of 50 items of a specific Design), OOX will be entitled to return up to 20% of the purchased items in consideration for a full refund from the Designer (not including any individual returns from the Customer). Notwithstanding the foregoing, in case of flawed Designs, OOX will be entitled to exchange up to 100% of the purchased Designs with an identical Design of the same series, or return such Design for a full refund from the Designer.
In consideration of our services, OOX will be granted the exclusive right to market your designs within mainland China through any relevant platforms and Distribution Channels, excluding your own website or any other international website. This exclusivity right shall be for a period of 24 months as of the date of this document, with an option, at our sole discretion, to extend such period for additional 12 months (by providing you with a notice prior to the expiration of the original period). During such exclusivity period(s), OOX will be entitled to a commission of 15% of the gross revenues you generate, directly or indirectly, from the sale of your designs within the Territories, whether to an end-customer or to an intermediary. You will notify us in writing and without delay of any such sale and pay us said commission within 14 days of receipt of any revenues by you. Please note that OOX does not warrant or guarantee any results with respect to sales or scope of promotion.
Method of Payment:
We will pay you the total amount collected by OOX for the Design sold, less 15% commission out of every sale as follows: (i) 30% of the amount due will be paid immediately following the placement of a Purchase Order; and (ii) the remaining 70% will be paid upon confirmation of receipt by the Customer.
Liability and Indemnification:
To the maximum extent permitted by law, we, and our officers and employees, will not be liable for any damages or expenses that result from the use of, or the inability to use our services.
To the extent permitted under law, you agree to defend, indemnify and hold harmless us, our officers and/or employees, from and against any and all damages and expenses arising from: (i) your violation of these Terms; (ii) your violation of any third party rights; (iii) your violation of any laws; or (iv) any claim that one of your Designs caused damage to a third party. You will cooperate as fully required by OOX in the defense of any claim and OOX reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of OOX.
The Designer and OOX shall use their best efforts to resolve in a friendly fashion any dispute or disagreement arising from or in connection with these Terms. If a solution could not be reached through friendly negotiations, then any dispute will be settled exclusively under the law and in the jurisdiction of incorporation of OOX.
Agreed and acknowledged by (Designer):