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Marketplace Seller Agreement
My Vegan Mart is a vegan marketplace where all products sold are vegan.
In order to sell items in The
Marketplace on www.myveganmart.com.au (the “Site”), you must agree to the
Site. By listing an item for sale or purchasing an item on the Site, you agree
to be bound by all terms and conditions of this marketplace agreement.
The Site is operated by My Vegan Mart Pty Ltd., which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.
Any use of the Site through your Account will be deemed as being used by you. My Vegan Mart is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Listing items for sale in the My Vegan Mart Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account info for payment and agree to the marketplace agreement.
Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.
For all items sold through its marketplace, My Vegan Mart charges a 20% commission fee based on a percentage of the sale price.
My Vegan Mart requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs.
All orders should be shipped to customers within 48hrs. Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be cancelled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive if you do not have Delivery Confirmation or Tracking.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given.
My Vegan Mart determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice.
By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess.
15 days after the end of the month a Completed Sale
occurs My Vegan Mart will transfer the net proceeds from the sale to your bank
account. Refunds to buyers are deducted against the amounts to be transferred
to your Account from sales.
If My Vegan Mart reasonably concludes based on information available to us that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the My Vegan Mart Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products.
The seller can terminate
participation in our marketplace at any time. My Vegan Mart reserves the right
to terminate a user’s participation in the marketplace at any time for any
reason at its sole discretion, with or without notice to user. My Vegan Mart
reserves the right to monitor user accounts to determine if policies or laws
are being broken. My Vegan Mart reserves the right to remove or edit any
content supplied by users. Any illegal or fraudulent activity may be reported
to law enforcement or other third parties.
The My Vegan Mart marketplace is provided as is and without warranty. My Vegan Mart makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guarantee our marketplace will always be available. My Vegan Mart will not be liable for any loss due to our marketplace not being available. My Vegan Mart will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
My Vegan Mart will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our marketplace. The seller will bear all risk of loss that are related to orders not fulfilled strictly in accordance with the order information and shipping information that My Vegan Mart provides you.
My Vegan Mart reserves the right to seek reimbursement from the seller if we decide to reimburse the buyer due to the seller not fulfilling an order correctly or in a reasonable time. My Vegan Mart may obtain reimbursement of any amounts owed by the seller to My Vegan Mart by deducting from future payments owed to the seller, reversing any credits to the Account, or seeking such reimbursement from the seller by any other lawful means.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold
harmless My Vegan Mart and its affiliates (and their respective employees,
directors, agents and representatives) from and against any and all claims,
costs, losses, damages, judgments, penalties, interest and expenses (including
reasonable attorneys' fees) arising out of any claim, action, audit,
investigation, inquiry or other proceeding instituted by a person or entity
that arises out of or relates to: (i) any actual or alleged breach of your representations,
warranties, or obligations set forth in this marketplace agreement; or (ii)
your own website or other sales channels, the products you sell, any content
you provide, the advertisement, offer, sale or return of any products you sell,
any actual or alleged infringement of any intellectual property or proprietary
rights by any products you sell or content you provide, or the collection,
payment or failure to collect or pay any taxes.
My Vegan Mart will not be liable for any damaged of any kind, including without limitation direct, indirect, indirect, incidental, punitive and consequential damages, arising out of or in connection with this marketplace agreement, the site, the inability to use the site or the marketplace, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into via the site.
Because My Vegan Mart is not directly involved with transactions between buyers and sellers, you agree to release My Vegan Mart from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, My Vegan Mart Customer Service may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, My Vegan Mar Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.
Any claim against My Vegan Mart in relation to our marketplace shall be adjudicated in a court in Sydney, NSW and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by NSW law, without regard to conflict of laws principles thereof.
By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by My Vegan Mart does not constitute a waiver of My Vegan Mart’s right to enforce such section or any other section in the future.