PART B - SUPPLEMENTARY TERMS AND CONDITIONS FOR SUPPLIERS
1. Required Good or Service Information
1 .1. Supplier Good or Service Content. The Supplier lists the Goods and Services on the Platform upon the payment of the necessary fees to the Platform. The Supplier will immediately be required to upload all necessary Supplier Good or Service Content and prepare The Supplier storefront as it will go live on the Platform.
1.2. Listings/Categories. In order to list a Good or Service for sale on the Platform, the Supplier is required to place all necessary Content as required by the Platform. The Supplier will be responsible for selecting the proper caetgory for their Goods and Services.The Supplier must only assign value or category tags that are accurate and true.
1.3 Inventory/Stock. The Supplier will use commercially reasonable efforts to maintain inventory for those Goods and Services they have listed on the Platform. If an item is out of stock, they must update their Good or Service listing to prevent Users from unknowingly purchasing an item that is unavailable or requires an unreasonably longer wait time until delivery.
1.4 Once the buyer has initiated a sale, the purchaser is required to send all of the relevant information to the seller.
Purchase/Order Processing, Fulfillment and Shipping
2.1 Orders. You are required to use Paypal in order to facilitate the purchase transaction. Information relating to the use of Paypal, including refunds, returns, recalls and cancellations can be found here: https://www.paypal.com/au/webapps/mpp/paypal-buyer-protection.
2.2. Paypal is responsible for collecting all proceeds from such transactions, including shipping costs and applicable taxes based on shipment options and tax designations provided by the Supplier. The Platform is not responsible for any aspect of the transaction between the Supplier and the Users. The Platform is not responsible for any aspect of the transactions between the Supplier, the User or Paypal.
2.3 Where you use Paypal, which is a third party payment processing portal (‘TPPP’), you acknowledge that you have read over those TPPP terms and conditions thoroughly. The TPPP may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep their information including their email address and payment details up to date with the TPPP.
2.4 Order Fulfillment. The Supplier will at its own expense, be solely responsible for, and bear all liability for, the fulfillment of the order, including without limitation, packaging and shipping of Goods and Services, securing the services of and payment of any freight forwarder or customs broker service charges (as may be required for any particular shipment), import or export duties or taxes (as applicable), and User Service. The Supplier agrees that legal ownership and all risk of loss of the Goods and Services remains with the Supplier until the User receives the Good or Service from the Supplier.
2.5 Shipping Options. The Supplier is responsible for properly specifying shipping options for all Goods and Services that it offers for sale on the Platform Marketplace. The Supplier will provide, in a clear and identifiable manner, Users with the shipping, handling and any other charges for each Good or Service. The Supplier will not enable shipping for any Good or Service in any region where the sale of such Good or Service violates any Good or Service Policy or applicable Law. The Supplier will use reasonable best efforts to offer competitive shipping options and charges to the User in connection with the sale of Goods and Services on the Platform site.
2.6 Shipping Process. The Supplier will be responsible for shipping all Goods and Services purchased by Users in a timely manner. Goods and Services must be shipped within 2-5 days of an order being placed, unless an alternative agreement has been made with the User. The Supplier will be responsible for all shipping charges and for any costs or charges related to shipping-related problems, including without limitation, damaged or lost Goods and Services, late shipments or misdelivery. The Supplier will be solely liable for all costs related to any duplicate or inaccurate shipments based upon their retransmission of orders through the Platform’s Marketplace. The Supplier may only send a shipment confirmation notice to Users following shipment of an order. Packaging for Goods and Services should not contain any Supplier marketing materials that are not included as standard marketing materials with all of their Good or Service shipments, and emails sent to Users in connection with an order will not contain any marketing materials or links to any Supplier or third party website, except for links to shipping websites that permit the User to track shipment of their order.
3. Cancellations, Returns, Refunds and Recalls
Cancellations, refunds, returns, recalls and cancellations must be dealt with in accordance with the policies of Paypal, found here: https://www.paypal.com/au/webapps/mpp/paypal-buyer-protection.The Supplier is responsible for processing all User cancellations, returns, refunds and/or User service price adjustments
4. User Service
The Supplier will be responsible for all User service, as defined by issues, questions and/or concerns relating to the Good or Service, just like if they were selling the Good or Service on their website, except for issues related to payment. In performing such User service, the Supplier shall at all times represent themselves as a separate entity from the Platform. The Supplier will not disparage, denigrate or otherwise communicate negatively (whether through public means or via private correspondence) about the Platform or its affiliates or Goods and Services or services offered by or through the Platform when performing User service obligations or any other obligation under this Agreement.
5. Ownership and Use Rights
5.1 Ownership of the Platform Marketplace. The Platform, its affiliates, and their service providers and licensors retain all right, title and interest (including all Intellectual Property Rights) in and to
(i) the Platform Marketplace
(ii) all data received from the Supplier in connection with the foregoing, and
(iii) any of the Supplier’s confidential or proprietary information. Except for a limited right for the Supplier to access the Platform website made available to the Supplier in accordance with and subject to all the terms and conditions of this Agreement, the Platform, its affiliates, and their service providers and licensors, as applicable, retain all rights in the foregoing and grant no other rights or licenses (whether by implication, estoppel, or otherwise) under any of their Intellectual Property Rights under or in connection with this Agreement.
5.2 Ownership of Transaction Information. The Platform owns (and the Supplier hereby assigns to the Platform) all transaction information and all other information relating to Orders or Goods and Services, including but not limited to information that is entered into the Platform site, information that is created as a result of a transaction, and ratings and reviews provided by Users. All such information is subject to the Privacy Policy and any additional privacy guidelines posted by the Platform.
5.3 Use of Transaction Information. The Supplier may only use transaction information to further a transaction related to this Agreement, in accordance with the terms of this Agreement, the Privacy Policy and any other applicable Privacy Policies, and applicable Law. The Supplier will not:
(i) disclose or convey any transaction information to any third party (except as necessary for the Supplier to perform their obligations under the Agreement);
(ii) use any transaction information to conduct User surveys or for any marketing or promotional purposes;
(iii) contact a User that has ordered a Good or Service that has not yet been delivered with the intent to collect any amounts in connection therewith or to influence such User to make an alternative or additional purchase;
(iv) target communications of any kind on the basis of the intended recipient being a Platform user; or
(v) use any information about the Platform Users gained through the Marketplace Program to directly solicit such Platform Users through any other sales channels. The foregoing does not prevent the Supplierfrom using information gathered independent of the Marketplace, provided that the Supplier does not target communications on the basis of the intended recipient being a Platform user.
5.5 Suggestions and Feedback. If Suppliers or Users provide or make available suggestions, comments, ideas, improvements or other feedback or materials to the Platform or its affiliates in connection with the Platform Marketplace or other subject matter of this Agreement, the Platform will be free to disclose, reproduce, modify, license, transfer and otherwise distribute, and use and exploit any of the foregoing feedback or materials in any manner and in perpetuity.
