MarkeetEx.com Marketplace Merchant Agreement
This MARKETPLACE MERCHANT AGREEMENT is made between AlJazeera Global Projects LLC, a company incorporated under the laws of Sultanate of Oman which is operating MarkeetEx.com, an online marketplace, having its registered offices at Suite no.1, Al-Hilal Building, Azaiba, Muscat, Oman and the Merchant.
PURPOSE AND SCOPE
The purpose of this agreement is to appoint the Merchant as a marketplace Merchant on MarkeetEx.com. The scope of this agreement covers any and all transactions that Merchant performs using MarkeetEx Marketplace platform
TERMS AND CONDITIONS
These Merchant Terms and Conditions (Terms or Agreement Terms) apply to Merchant (you or Merchant) to register and create an account on MarkeetEx.com (the Site or we or us or our), and use our services to sell products and/or services. By creating a Merchant account with us, you agree to be bound by these Agreement Terms, and all policies, guidelines, and other terms incorporated on the Site (Site Terms).
MarkeetEx.com reserves the right to change Site Terms at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site without any further notice to you. You are responsible for reviewing any applicable changes. Your continued use of the Site and MarkeetEx.com services following MarkeetEx.com’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any change to these Agreement Terms, you must not continue to use the Site and or MarkeetEx.com services.
MarkeetEx.com Services: We offer the web and mobile platforms for you to offer products or services to end users, and complete transactions. MarkeetEx.com provides you with technology and services such as order management, fulfilment, shipping and handling, cash collection and processing of payment, and customer care (Services). The Site and Services are provided on AS IS basis, and MarkeetEx.com disclaims all liabilities relating to Services, Site, and products and services that Merchant offers to end users. As a Merchant, you use the Site and the Services at your own risk, and MarkeetEx.com bears no risks relating to your products, and all rights and liabilities therein.
Merchant Duties: The Site and Services may be used only for lawful purposes and in a lawful manner. You must comply with all Applicable Laws of the land. You must obtain all relevant approvals, or licenses such as from a government agency or brand etc. for selling products and services on Site and in territories where products are sold.
Continuous availability: The Merchant must ensure continuous availability, which means, 99% of the agreed products and/or services are live on all days of the month.
Order fulfilment: The Merchant must fulfil the orders assigned to them in selected products. Merchant must provide the orders at price at which order was placed, rather than the latest price updated by the merchant, if any.
Returns: If any of the products supplied by the Merchant is returned as damage or Dead-on- arrival (DOA) or used or refused by the customer within 5 working days of delivery to MarkeetEx.com’s customer, such products will be returned to the Merchant. Also, the Merchant must have less than 5% returns during any month.
Payments: MarkeetEx.com will pay due sale amounts towards Merchant fulfilled orders by the 7th of the following month from the month of sales.
Product authenticity: The Merchant hereby confirms that they will only sell items which correspond to its image(s) or description on MarkeetEx.com. The Merchant also confirms that they will not sell any used, counterfeit, refurbished or damaged products on MarkeetEx.com. The sale of counterfeit products, including any products that have been illegally replicated, reproduced, or manufactured, is strictly prohibited. If an infringing product or listing is discovered on MarkeetEx.com, the product will be removed, at the sole discretion of MarkeetEx.com. Further, the Merchant will be subject to being permanently banned from selling on the site, all the funds which are due to be paid would be withheld, and further legal action would be pursued.
Selling Counterfeit items is considered a fraud under the Sultanate of Oman laws. Failing to comply with this clause may cause immediate termination of contract and penalty up to OMR 3,000
If the Merchant is an authorized distributor for any brand then they should provide distribution letter or certificate from the brand and also provide warranty as per region law.
You agree that you will (i) not sell any products that may intentionally result in injury/ damage to people/ properties (ii) provide trade license (iii) provide the required warrantees and maintenance for the purchased products in accordance with market practices, MarkeetEx.com policies and Applicable Laws; and (iv) remain responsible for after-sales services, guarantees and maintenances, and defects. Products that are hazardous to health and safety will require additional warranties, and higher safety standards as may be required by the local government or law enforcement agencies. Liabilities for not following relevant safety and health requirements or selling products hazardous to individuals or properties will be at your sole risk and cost. We will reject products that fall under our prohibited item list, a copy of which is available on the Site, and with your business contact at MarkeetEx.com.
MarkeetEx.com Policies: Site Terms are applicable to all activities or transactions made on or via the Site. If MarkeetEx.com is notified by a merchant or a third party brand owner, or via a court, administrative or government order that the products or a portion violates the Intellectual Property Rights or IPRs, which expressions may include without limitation (i) copyrights, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of these rights; and (iii) all other IPRs and equivalent or similar forms of protection existing anywhere in the world or any other rights of any third party or any Applicable Laws, MarkeetEx.com may remove such products from the Site and MarkeetEx.com warehouses (if relevant) at its sole discretion or ask Merchant to remove such products within a reasonable timeframe notified in writing. The Merchant acknowledges that MarkeetEx.com may from time to time introduce and implement new business rules, and customer care guidelines. Additionally, we are under no obligation to provide any information, material or document to you, including following termination of these Agreement Terms or cancelation of a Merchant account. You have no option than to accept test reports from a reliable international agency engaged by us verifying the authenticity of your products.
Fees & Payment Policies: (Fees Structure is available Online) Merchant will incur membership charges, shipping fee and commission percentage. Merchant can verify reports for each payment cycle through merchant account. In addition to MarkeetEx.com fees and commissions MarkeetEx.com may deduct any amounts due in form of chargebacks, reversals or withheld for anticipated claims in accordance with these Agreement Terms. Payments would be done on basis of agreed payment cycle. (see “Payments” above). All charges levied by the merchant’s bank will be borne by the merchants. All payments made by MarkeetEx.com would be in OMR and merchant would be liable for all FX gain/loss.
In transit damage from courier will be resolved on dispute based system
Customer Initiated Returns: For Customer complaints within 5 days from delivery of item information will be provided to you regarding customer return items. Complaint items would be returned to you within 15 days of delivery.
Warranty: MarkeetEx.com will accept both manufacturer and merchant warranties.
Trade license: As a merchant you should have proper licenses for selling the listed items in your origin geography.
Shipping Location: You should have a fixed location for handover of Goods. If there are multiple addresses for the merchant than multiple accounts need to be created and inventory should be managed on location account level by merchants.
Verified Email Address: Merchant should have a verified email address.
Contact number: Merchant should have a valid verified contact number.
Bank Account number: Merchant should have a valid local account number.
Merchants have to fill the product/service details in the merchant admin console provided by MarkeetEx.com.
Products where complete information cannot be provided by the merchant will have to come to the product development team through category managers through [email protected] .
Merchants must provide listing according to specified guidelines of the category of product. Nominal charges may be applied later on by MarkeetEx.com to prepare listing according to guidelines.
Any listing can be rejected at any time by MarkeetEx.com at its own discretion
MARKETING AND PROMOTIONS POLICY
MarkeetEx.com Marketing Team will create promotions and define criteria to join the promotion for merchants. Merchant will be able to view and join promotions before the starting date if they meet the criteria.
TERM OF AGREEMENT, TERMINATION AND CANCELLATION
Unless terminated as provided below, this Agreement will be effective for a period of 1 year. MarkeetEx.com reserves the right to renew or extend the Agreement for additional years at the same terms and conditions as set forth herein.
MarkeetEx.com may terminate the agreement, in whole or in part, without cause at any time by giving the Merchant not less than one (1) month’s written notice of termination and vice versa
This Agreement, constitutes the entire agreement between MarkeetEx.com and the Merchant with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings.