TERMS & CONDITIONS FOR VENDORS
FashionEbazar offers vendors the opportunity to register, add and upload products, texts and other documents in return for remuneration on the Internet platform operated by FashionEbazar.
- Registration is required to use FashionEbazar’s services. To register, the vendor must fill out the application form available on the FashionEbazar website. Upon registration, the vendor agrees to these General Terms and Conditions (hereinafter referred to as: GTC). The vendor can view the relevant GTC online before registering and can call up, store or print these at any time.
- With his/her application, the vendor confirms that all his/her entered details are accurate, complete and truthful. The vendor undertakes to keep the information provided in his/her registration form up to date. If such information is found to be false, incorrect or out of date, FashionEbazar may block or discontinue the vendor’s access to FashionEbazar’s services.
- Upon successfully completing the registration process, the e-mail provided by the vendor must be verified. To this end, an e-mail containing a link will be sent to the address provided, the receipt of which the vendor shall confirm by clicking on this link. After registration has been validated, the vendor’s account will be activated and he/she will be able to use FashionEbazar’s services.
- The vendor is personally responsible for keeping his/her login data (login, password) private. Should an unauthorized third party gain knowledge of the vendor’s data, FashionEbazar must be notified immediately.
- The vendor shall not be entitled to demand any authorisation to use FashionEbazar’s services. FashionEbazar has the right to change or even discontinue the operation of its services at any time.
Use of services
1. ACCEPTANCE: Acceptance of this order must be limited to the terms hereof, expressed or implied, and any terms or conditions in such acceptance are proposals which do not become part hereof unless buyer consents thereto in writing. Seller’s shipment of conforming or nonconforming goods in lieu of acceptance as herein provided may, at the sole election of buyer, be treated as seller’s acceptance and assent to all terms and conditions hereof.
2. PRICE: The prices and terms of payment stated on the Purchase Order apply to all shipments made or services rendered hereunder. BUYER shall have no obligation to honor invoices for goods or services at any increased price unless such increase shall have been confirmed in writing by BUYER. No charges of any kind not stated on the Purchase Order hereof, including without limitation charges for packing, crating or containers, will be allowed unless specifically agreed to by BUYER in writing but damage to any goods because of packing which fails to protect such goods will be charged to SELLER. SELLER warrants that prices invoiced against the Purchase Order comply with any government regulations for ceiling prices.
Any applicable federal, state and local taxes shall be on SELLER and will not applicable on invoices, all sellers by accepting these terms and conditions are responsible for their taxation.
3. WARRANTIES, INDEMNIFICATION AND ATTORNEY FEES: In addition to all warranties implied in fact or law, seller expressly warrants that all goods covered by this order (i) shall be of good quality and workmanship and free from all defects; (ii) shall conform to all specifications, drawings, and descriptions; (iii) shall be merchantable. Acceptance of or payment for goods shall not constitute a waiver of warranties. Buyer’s approval of sample furnished for inspection is to assist seller and does not relieve seller from responsibility to deliver goods conforming to all specifications, drawings, and description.
Seller shall indemnify and hold buyer harmless against any loss and expense buyer may sustain because of any defect in goods and supplies hereunder or of failure of seller to deliver goods as herein specified. Seller agrees to pay reasonable attorneys’ fees for buyer in any action or in any proceedings in any court, directly or indirectly involving a defect in goods supplied hereunder or of the failure of seller to deliver said goods. Seller expressly warrants and agrees it will not disclose and will maintain the confidentiality of all matters and designs of buyer that seller has access to or information about, directly or indirectly, as a result of this purchase order.
4. TIME OF DELIVERY: Delivery dates specified herein are of the essence of this contract. The obligation of SELLER to meet the delivery dates, specifications and quantities (the “Schedule”), as set forth herein, is of the essence to the Purchase Agreement. Deliveries are to be made both in quantities and at times specified herein, or if no such quantities or times are specified, pursuant to BUYER’s written instruction. Shipments in greater or lesser quantity than ordered may be returned at SELLER’s expense, unless written authorization is issued by BUYER. If SELLER’s deliveries fail to meet the Schedule, without limiting its other rights or remedies, BUYER may either direct expedited routing and charge excess cost incurred thereby to SELLER or cancel all or part of the Purchase Order in accordance with the default provisions hereof. Goods which are delivered in advance of schedule are delivered at the risk of SELLER and may, at BUYER’s options, be returned at SELLER’s expense for proper delivery and/or have payment therefore withheld by BUYER until the date that the goods are actually scheduled for delivery.
5. CANCELLATION: In addition to all other rights provided herein and by law, buyer reserves the right to cancel this order in whole or in part if the goods do not conform to any express or implied warranty, if seller fails to make deliveries as directed by buyer or upon seller’s insolvency. If this order requires or authorizes the delivery of goods in separate lots to be separately accepted and if any goods or tender do not conform hereto, buyer may reject any or all goods affected or the entire installment and any undelivered installments. Buyer reserves the right to cancel any part of this order with respect to goods which have not actually been shipped by seller if buyer’s ability to receive or use the goods is affected by any cause beyond its reasonable control and buyer shall be charged only (i) the contract price for conforming goods when delivered and(ii) seller’s actual costs with respect to the undelivered goods under this contract (including sums payable or paid by seller to settle obligations assumed under the authority of this purchase order),such total charge to be in no event greater than the contract price. Upon such payment all goods in process and finished goods shall become the buyers property.
6. COMPLIANCE WITH LAW: Seller agrees to indemnify and save buyer, its successors, assigns, customers and agents harmless against all costs, damages, claims and demands for actual or alleged direct or contributory infringement of any patents, in any foreign countries, trademarks in any country or similar rights because of the sale or use of any of the goods specified herein.
7. THE SELLING PROCEDURE
- When setting up your shop, it is important that you set up your own terms and conditions for buyers, such as return & refund policy. You can do this from your Vendor Control Panel, just go to your account settings and you will find your shop policy section. It’s important that you clearly specify the terms and conditions of the sale in your listing so that buyers know what to expect. Please make sure to include the following details in your listing:
- Return policy
- Shipping method, costs, and other information
- Terms of the transaction
- FashionEbazar is not responsible for the fulfillment of your contract to sell a Product.
- You will receive a message by email at the time of each sale, providing full information about that sale.
- You agree to tell us, through your Vendor control panel, if at any time your supply is exhausted.
8. OUR COMMISSION AND PAYMENT TO YOU
- Joining FashionEbazar as a vendor and posting items for sale is free. We do retain a proportion of each sale, which at the moment is 20% (this amount is mostly for the cost of maintenance and expenses of the website), this amount may change at any time, but you will be informed by email if any changes are made.
- We sell your Products at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
- Our fees and commissions are payable on demand. You irrevocably authorize us to deduct them from sums paid to us by your buyer.
- Our Website selling system is an automated system which can be followed by you through a ” Vendor control panel”.
- We will pay you within 3-10 working days of confirmed shipment of order (depending on how long it takes for payments made on the website to reach our accounts) and reaching the minimum payout amount which at the moment is 100$.
- If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
- If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
- If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
- Shipping fees will be divided between vendors, eg. if a customer buys one item you will receive the full shipping fee, if the customer buys three items, the shipping fee will be divided between the three vendors.
9. ADVERTISING YOUR PRODUCT
If you accept our offer to advertise market or promote your Product, the following conditions apply.
- We may use the services of a specialist Internet marketing business associated with FashionEbazar.
- Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
- The price charged to you will include all payments we make to others.
- We give no guarantee as to the success of any advertising placed.
- We might post your products information including images on our social media platforms.