1. Overview

• This TikTok Shop EU Seller Performance Evaluation Policy (hereafter referred to as "this Policy") details the enforcement action TikTok Shop will take against violations of its TikTok Shop EU Terms and Policies and how Sellers can appeal against such enforcement action.
• TikTok Shop may take enforcement action as set out in this Policy, any other TikTok Shop EU Policy, and the TikTok Shop Seller Terms of Service.
• This Policy applies to Sellers only.
• All references to TikTok Shop in this Policy are a reference to TikTok Shop EU.
• This Policy is not exhaustive, and TikTok Shop Sellers are solely responsible for ensuring that they do not engage in any practice that is prohibited under this Policy, and that they comply with applicable laws and regulations, and all TikTok Shop EU Terms and Policies.
• Sellers may wish to seek independent legal advice if they have questions about the laws and regulations concerning their practices.
• Our TikTok Shop EU Policies are updated periodically. Please see the TikTok Shop EU Seller Terms of Service for details of how we may make changes to our terms and policies and how we notify you.

2. Definitions

Defined terms in this Policy have the following meaning:

• Associated Accounts refer to Creator accounts, other Seller accounts, or any other type of TikTok platform account which TikTok Shop determines based on objective criteria to have sufficient connections to indicate an existing relationship between the owners of the relevant accounts.
• Balance refers to any monies due, or that may become due, to the Seller in connection with their TikTok Shop Account (including but not limited to TikTok Shop sales proceeds).
• Creator refers to a TikTok user who creates and promotes E-commerce Content.
• E-commerce Content refers to the creation of promotional images, videos, or other content, (including via short video, live streaming, or recorded content) to promote Sellers’ TikTok Shop product listings on the TikTok platform in the EU.
• Seller refers to a third-party trader on TikTok Shop.
• TikTok Shop EU Terms and Policies refers to all TikTok Shop EU Policies, the TikTok Shop EU Seller Terms of Service, the TikTok Shop EU Seller Terms of Sale, the TikTok Shop EU Terms of Use, the TikTok Terms of Service, and the TikTok Community Guidelines.

3. Enforcement Policy

• TikTok Shop may check Seller accounts, shops, orders, and product listings at any time to evaluate the Sellers' performance and where necessary, to take enforcement action against violations of the TikTok Shop EU Terms and Policies by Sellers.
• TikTok Shop monitors and records any violations of the TikTok Shop EU Terms and Policies by Sellers.
• Based on the severity and the impact of the violation of the TikTok Shop EU Terms and Policies, TikTok Shop may take appropriate enforcement action against the Seller. TikTok Shop will determine the enforcement action in a diligent, non-discriminatory, and non-arbitrary manner. TikTok Shop may also take enforcement actions against Sellers whose Shop Performance Score (SPS) indicates overall shop health risks requiring intervention to protect platform integrity and consumer experience.
• Depending on the violation(s) of the Seller, TikTok Shop can take multiple enforcement actions against the Seller.
• For Sellers that operate multiple shops across different countries, TikTok Shop reserves the right to apply enforcement action across all shops, where it is legally permitted, reasonable and proportionate to do so. If a Seller's product listing, E-commerce Content, or shop operations breach a clause in the TikTok Shop EU Terms and Policies, or a law that only applies in a specific country and not in other countries where the Seller operates their shop, then the enforcement action can be restricted to that specific country only.
• In the event that a Seller does not comply with an enforcement action that TikTok Shop has imposed, TikTok Shop may take additional enforcement action against the Seller.
• Before a Seller's use of TikTok Shop is suspended or restricted as a result of enforcement action(s), TikTok Shop will send:
  • A prior warning to the Seller; and
  • A notice to the Seller setting out (to the extent possible) the reasons for such suspension or restriction.
• However, TikTok Shop will not send a prior warning and/or notice, if prevented by applicable laws and regulations, or if the suspension or restriction of the Seller is caused by:
  • The Seller repeatedly violating the TikTok Shop EU Terms and Policies; or
  • Where the restriction or suspension is due to deceptive high-volume E-commerce Content (such as spam disseminated through bots or fake accounts).
• Depending on the severity of a Seller's violation(s) of the TikTok Shop EU Terms and Policies, TikTok Shop:
  • May periodically clear violations from a Seller's account; and
  • May or may not take previous violations (including those cleared from a Seller's account) into consideration in determining enforcement action against a Seller who has violated TikTok Shop's Terms and Policies repeatedly.
• To the fullest extent permitted by law, TikTok Shop will not be liable for any losses (whether direct or indirect) that a Seller may endure as a result of TikTok Shop’s enforcement actions following the Seller’s violation of this Policy, or other applicable TikTok Shop EU Terms and Policies.

4. Associated Accounts Enforcement Actions

• If TikTok Shop finds that a Seller account has Associated Account(s), and such accounts have violated the TikTok Shop EU Terms and Policies, we may take enforcement action against the Seller and the Associated Account(s).
• The enforcement action(s) taken against the Associated Account(s) will depend on the severity of the violation. TikTok Shop will determine the severity of any enforcement action in a diligent, non-discriminatory, and non-arbitrary manner.

5. Enforcement Actions

• TikTok Shop may take the following non-exhaustive enforcement action against Sellers who violate our TikTok Shop EU Terms and Policies or maintain a Shop Performance Score (SPS) where the score indicates material shop health risk:
  • Restricting users from accessing or viewing product listings or E-commerce Content that violate our TikTok Shop EU Terms and Policies;
  • Delisting product listings containing content that violates our TikTok Shop EU Terms and Policies;
  • Notifying customers of the fact that they have purchased manifestly illegal products;
  • Placing a temporary or permanent limit on a Seller's daily order volume;
  • Issuing a formal warning to the Seller;
  • Suspending TikTok Shop listing privileges;
  • Restricting the Seller's access to the Affiliate program, campaigns, promotions, and other services offered by TikTok Shop to the Seller;
  • Temporarily or permanently removing the Seller's self-promotional campaigns and product activities;
  • Temporarily or permanently suspending the Seller's access to the Affiliate program, campaigns, promotions and other services offered by TikTok Shop to the Seller;
  • Temporarily or permanently suspending the Seller's access to TikTok Shop;
  • Temporarily withholding balances or cancelling transactions associated with the Seller's account (see section 6 for more detail);
  • Terminating the Seller's account and the TikTok Shop EU Seller Terms of Service;
  • Permanently prohibiting a Seller's access to TikTok Shop;
  • Commencing legal action independently or in conjunction with affected third parties against the Seller; and
  • Reporting the Seller to the relevant regulatory authorities, payment processors, or other relevant third parties and providing any necessary information on the Seller's account to the extent permitted by applicable laws and regulations.
  • Restricting certain fulfilment method(s)
  • Charging the Seller Late Delivery fees on orders that fail to meet platform shipping timelines

6. Withholding a Seller's Balance

• In addition to the enforcement actions set out above, if TikTok Shop reasonably believes that a Seller has violated any of the TikTok Shop EU Terms and Policies, the Seller's Balance may be temporarily withheld from the Seller.
• TikTok Shop can make this decision without prior notice to the Seller, to the extent permitted by law. However, TikTok Shop will notify the Seller when it places a restriction on the Seller's Balance.
• TikTok Shop can withhold the Seller's Balance:
  • For up to 90 calendar days from the date of TikTok Shop's notification to the Seller that their balance will be withheld; or
  • Until completion of TikTok Shop's investigation into the Seller's suspected violation(s).
• If TikTok Shop determines that the Seller's violation of this Policy or the TikTok Shop EU Terms and Policies has caused TikTok Shop, customer(s), or other relevant third parties any loss or damage, the Seller may be required to compensate the affected party out of their Balance. This includes the operating costs of any associated investigation into the Seller's violation.
• After the Seller's Balance is used to pay any compensation due to TikTok Shop and/or any affected customer(s), or other relevant third parties, the remaining Balance will be returned to the Seller, subject to any requirements of applicable law and regulations.
• A Seller may file an appeal against this enforcement action in accordance with section 7 below.
• If the appeal is successful, TikTok Shop will release any monies due to the Seller.

7. Appeal

• If a Seller is suspected of violating the TikTok Shop EU Terms and Policies, they will receive a notification via email and a violation notification in the Seller Center.
• If a Seller believes that enforcement action was taken against them in error, they can submit an appeal through the appeal functionalities provided by TikTok Shop in the enforcement action notification.
• TikTok Shop will then investigate the case and take corrective action where applicable.
• If a force majeure events occurs, the Seller must report details of the event and its impact (with necessary supporting documents) by raising an appeal in the Seller Center. Force majeure events include but are not limited to natural disasters, extreme weather events, pandemic outbreaks, government restrictions, or other extreme events outside the control of the Seller. If the situation is verified and determined by TikTok Shop as meeting the required level of impact for such events, TikTok Shop shall not impose any enforcement actions.
• Please note that submitting an appeal does not guarantee a successful outcome for the Seller.

7.1 Appeal Procedure

• Sellers can raise a maximum of one appeal against one enforcement action.
• The appeal must be raised within 180 days from the day on which the seller is informed about the enforcement action. Appeals are not available after this time.
• An appeal raised after the timeline stipulated above will not constitute a valid appeal and will not be reviewed by TikTok Shop.
• For Sellers that operate shops across multiple regions, appeals must be carried out by the shop where the violation originally occurred.
• Further information on how to submit an appeal and other redress possibilities is set out here.

7.2 Seller's Responsibilities

• During an appeal, Sellers are responsible for the following:
  • Collecting and preparing all documents necessary to support their appeal;
  • Providing a clear explanation of why they believe the enforcement action was taken against them in error; and
  • Providing any additional materials or information that may be required by TikTok Shop to investigate the appeal.

7.3 Appeal Results

• TikTok Shop will evaluate a Seller's appeal and will aim to inform the Seller of the outcome or make a request for further information without undue delay.
• TikTok Shop's decision (or request for further information) will be communicated to Sellers via e-mail and correspondence in the Seller Center.
• If the Seller's appeal is successful, TikTok Shop will remove any penalties issued and restore any withdrawn privileges to/from the Seller.
• If the Seller decides to waive their right to appeal then their appeal will be considered to have failed.

8. Privacy

For more information about how TikTok processes and shares your information, including for the purposes of enforcing this Policy, please see the TikTok Partner Privacy Policy, which does not form part of the contract with TikTok Shop.