Terms & conditions

The Terms & conditions were last updated on 17.08.2022

1. Introduction

These terms and conditions apply to this website (temu.land) and to the transactions related to its products and services. The customer may be bound by additional contracts related to its relationship with temuland or any products or services that the customer receives from temuland.

If any provisions of the additional contracts conflict with any provisions of these terms, the provisions of these additional contracts will control and prevail.

1.1. Binding

By registering with, accessing, or otherwise using this website, the customer hereby agrees to be bound by these terms and conditions set forth below. The mere use of this website (temu.land) implies the knowledge and acceptance of these terms and conditions. In some particular cases, temuland can also ask the customer to explicitly agree.

2. Prices and VAT

All prices are in U.S. Dollars (USD) and exclusive of Swiss Value Added Tax (VAT). Prices are subject to change and errors remain reserved.

3. Formation of the contract

The presentation of services or products on the website or in the online store of temuland does not constitute a legally binding offer. The submission of the order by the customer shall be deemed a legally binding offer. If temuland does not make a contrary statement within five working days, this offer shall be deemed to have been accepted by temuland and the contract for the ordered services or products shall be deemed to have been concluded.

4. Company service “showcase”

4.1 Benefit

temuland shall provide the client with a showcase / directory entry on its website (temu.land) for the duration of the respective contract in order to present itself and its products, team members or services therein to website visitors.

4.2 Verification and publication of the directory entry

After completion of the respective showcase entry temuland carry out sporadic checks concerning guideline compliance. temuland has the right to unpublish the directory entry if said guidelines are breached. In case of objections within the scope of the examination as well as in case of a rejected publication temuland will contact the customer.

4.3 Entry into force, duration and termination of the contract and deactivation

The showcase listing agreement shall enter into force on the date of acquisition and shall be concluded for a period specified in the subscription terms, starting from the aforementioned date (Minimum Contract Period). The contract is automatically renewed for a further duration (specified subscription renewal period), unless it is terminated before the renewal period. The right to extraordinary termination for good reason is reserved at all times. In particular, the violation of these GTC by the customer shall be considered an important reason. Upon termination of the contract temuland will deactivate the showcase entry. The associated user account as well as the data of the entry will be deleted no later than 60 days after termination of the contract upon explicit requirement by the client, insofar as such deletion does not conflict with any statutory retention obligations.

The customer may have his showcase entry deactivated at any time. The customer shall notify temuland of his request for deactivation of the directory entry in writing, by contact form or by e-mail. The duration of the contract and the fee owed shall remain unaffected by deactivation of the showcase entry. The deactivation of the showcase entry may take a few days beyond the receipt of the corresponding request by temuland.

4.4 Details and further contents

The customer warrants that the information and other contents of his showcase entry do not infringe any rights of third parties (in particular rights to names, trademark rights and copyrights, e.g. to images, texts or concepts). If a third party asserts a better right to information or further contents of the showcase entry, temuland is entitled to change or delete the respective contents or to deactivate the directory entry without prior examination. In such a case temuland will contact the customer. The customer shall indemnify temuland in the event of claims by third parties based on the information and other content published by him and shall ensure that temuland is adequately defended against such claims.

The Customer is responsible for the information and other content published in his directory entry. The customer is obligated not to publish any information or further content in his directory entry that violates personal rights, is relevant under criminal law or is immoral. If temuland detects such information or further content or if there is a corresponding suspicion, temuland is entitled to change or delete the relevant content or to deactivate the showcase entry. The extraordinary termination of the contract for good cause, the assertion of claims for damages as well as further civil or criminal steps remain reserved. Also in such a case temuland will contact the customer.

4.5 Warranty and support

temuland strives for high quality with regard to the operation of its website, but cannot guarantee a completely error-free, undisturbed or uninterrupted operation of the website and thus the showcase entry of the client. All services are provided in accordance with “best effort”. “Best effort” means that temuland will make reasonable and customary efforts with the resources at its disposal to provide the service, without, however, giving any assurance. Accordingly, the customer’s liability and warranty claims are excluded to the extent permitted by law.

4.6 Changes in service

temuland is entitled to change its services at any time (e.g. by adding further features in the showcase entry, which can be filled with data or further content by the customer). temuland shall inform the customer in a suitable manner (e.g. by e-mail or in the user account) about changes in services. Due to such changes, there is no right to extraordinary termination of the contract.

Contact forms for support are available to the client on the temuland website (temu.land) and in his user account, among other places. temuland shall endeavor to respond to support requests as quickly as possible.

5. Electronic communication

By using this website or communicating with temuland by electronic means, the customer agrees and acknowledges that temuland may communicate with the customer electronically on the website or by sending an email to the customer, and the customer agrees that all agreements, notices, disclosures, and other communications that temuland provides to the customer electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

6. Intellectual property

Temuland or its licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

6.1 All the rights are reserved

Unless specific content dictates otherwise, the customer is not granted a license or any other right under copyright, trademark, patent, or other intellectual property rights. This means that the customer will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without temuland’s prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

7. Third-party property

Temuland’s website may include hyperlinks or other references to other party’s websites. Temuland does not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by temuland.

Temuland will not be responsible for any privacy practices or content of these sites. The customer bears all risks associated with the use of these websites and any related third-party services. Temuland will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from the customer’s disclosure to third parties of personal information.

8. Responsible use

By visiting temuland’s website, the customer agrees to use it only for the purposes intended and as permitted by these terms, any additional contracts with temuland, and applicable laws, regulations, and generally accepted online practices and industry guidelines. The customer must not use temuland’s website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from temuland’s website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

9. Termination of use

Temuland may, in its sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any service thereon. The customer agrees that temuland will not be liable to it or any third party for any such modification, suspension or discontinuance of its access to, or use of, the website or any content that the customer may have shared on the website. The customer will not be entitled to any compensation or other payment, even if certain features, settings, and/or any content they have contributed or have come to rely on, are permanently lost. The customer must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on temuland’s website.

10. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. Temuland expressly disclaims all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content. Temuland makes no warranty that:

• this website or temuland’s products or services will meet the customer’s requirements;
• this website will be available on an uninterrupted, timely, secure, or error-free basis;
• the quality of any product or service purchased or obtained by the customer through this website will meet its expectations.

Nothing on this website constitutes or is meant to constitute legal or financial advice of any kind. If the customer requires advice he should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude temuland’s liability in respect of any matter which it would be unlawful or illegal for temuland to limit or to exclude its liability. In no event will temuland be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by the customer or any third party, arising from the access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to the customer for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that the customer paid to temuland to purchase such products or services or use the website. Such limit will apply in the aggregate to all of the customer’s claims, actions and causes of action of every kind and nature.

11. Privacy

To access temuland’s website and/or services, the customer may be required to provide certain information about himself as part of the registration process. The customer agrees that any information he provides will always be accurate, correct, and up to date.

Temuland takes its personal data seriously and is committed to protecting the customer’s privacy. Temuland will not use the customer’s email address for unsolicited mail. Any emails sent by temuland to the customer will only be in connection with the provision of agreed products or services.

Temuland has developed a policy to address any privacy concerns the customer may have. For more information, please see our Privacy Statement and our Cookie Policy.

12. Export restrictions / Legal compliance

Access to the website from territories or countries where the content or purchase of the products or services sold on the website is illegal is prohibited. The customer may not use this website in violation of export laws and regulations of Switzerland.

13. Affiliate marketing

Through this website temuland may engage in affiliate marketing whereby temuland receives a percentage of or a commission on the sale of services or products on or through this website. Temuland may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

14. Assignment

The customer may not assign, transfer or sub-contract any of its rights and/or obligations under these terms and conditions, in whole or in part, to any third party without temuland’s prior written consent. Any purported assignment in violation of this section will be null and void.

15. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if the customer breaches these terms and conditions in any way, temuland may take such action as it deems appropriate to deal with the breach, including temporarily or permanently suspending the customer’s access to the website, contacting its internet service provider to request that they block its access to the website, and/or commence legal action against it.

16. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

17. Indemnification

The customer agrees to indemnify, defend and hold temuland harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to temuland’s violation of these terms and conditions, and applicable laws, including intellectual property rights and privacy rights. The customer will promptly reimburse temuland for damages, losses, costs and expenses relating to or arising out of such claims.

18. Waiver

Failure to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

19. Language

These terms and conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

20. Entire agreement

These terms and conditions, together with temuland’s privacy statement and cookie policy, constitute the entire agreement between the customer and temu Inc. in relation to the customer’s use of this website.

21. Updating of these Terms and conditions

Temuland may update these terms and conditions from time to time. It is the customer’s obligation to periodically check these terms and conditions for changes or updates. The date provided at the beginning of these terms and conditions is the latest revision date. Changes to these terms and conditions will become effective upon such changes being posted to this website. The customer’s continued use of this website following the posting of changes or updates will be considered notice of its acceptance to abide by and be bound by these terms and conditions.

22. Choice of Law and Jurisdiction

These terms and conditions shall be governed by the laws of Switzerland. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Switzerland. If any part or provision of these terms and conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions. The other provisions will not be affected.

23. Contact information

This website is owned and operated by temu AG.

You may contact us regarding these terms and conditions by writing or emailing us at the following address: 

[email protected]
Zurich, Switzerlandb