Terms and Conditions
MARKETPLACE: SITE TERMS
WELCOME TO YADAOUI!
- INTRODUCTION: These terms and conditions (the Site Terms) set out how you may use our services to sell your merchandise (Products) via YADAOUI Marketplace, or the relevant part of the Marketplace (Site). In order to use the Site or any of our services (Our Services) to sell Products, you must create a valid Seller account Our Services may be amended from time to time by us.
- WORDS USED IN THESE SITE TERMS: Capitalized terms or terms in bold have the meanings given to them in these Site Terms.
- Seller, shall mean either you, as an individual if using the services on behalf of yourself, or the business employing you as its representative (if registering for or using a service as (or part of) a business or any of your Affiliates (individually (in respect of each Elected Country) or collectively as the context requires)) who elects to create a Seller account in each Elected Country and/or register on the Site. The Seller agrees to be bound by and comply with these Site Terms.
- In these Site Terms, the words YADAOUI, we or us or our means, as applicable, each of or all of the YADAOUI Contracting Party(ies) (as set out for each Elected Country referred to below) or any of its Affiliates. The term “Affiliate” means, with respect to any entity, any other entity or Person that directly or indirectly controls, is controlled by, or is under common control with that entity. A “Person” means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.
- CREATING A SELLER ACCOUNT FOR AN ELECTED COUNTRY: In accordance with the directions on the Site, you will need to create a Seller account with us for each Elected Country in which you wish to receive Our Services. If you are in individual you need to be a resident of that Elected Country and if you are a business, you need to be able to conduct business in that Elected Country in accordance with the laws in that Elected Country. We may assist you with creation of a Seller account in each Elected Country after receiving necessary information from you (and each of your Affiliates if applicable). You must first familiarise yourself with the process set out on the Site and all the Site Terms. You must not register under a false name and/or impersonate any other Sellers’ log-in credentials, or password(s). Such fraudulent conduct could result in violation of applicable federal, national, regional or international laws and regulations (Applicable Laws) in the relevant Elected Country. You agree to provide all relevant information to us while your account is active. When registering your Seller account, for each Elected Country, you must provide valid and authentic supporting documents as we may specify (in accordance with Applicable Laws in the Elected Country) and/or as may be requested by us through the Site or your Seller account.
You agree also to provide us with all requested documentation to proof you identity
- PASSWORDS: If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with these Site Terms) and you are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Site Terms.
- SPECIFIC POLICIES: By creating a valid Seller account for each Elected Country, you agree, at the time of creation or registration, to be bound by and comply with these Site Terms, and all policies, protocols guidelines, and other terms incorporated on the Site (which shall form a part of these Site Terms). This shall include:
- any country specific terms about which you may be notified from time to time and that shall apply to each Elected Country for which you register or elect to use Our Services (using functionality we may enable for your Seller account); and
- any service specific terms for any of Our Services that you may request from us and which we may agree to provide to you from time to time (using functionality we may enable for your account) in accordance with such service specific terms (which may relate only to specific Products)
- OUR SERVICES: According to these Site Terms, we offer web and mobile sites for you to offer Products (as selected by you and agreed with us) to customers, and complete transactions in each Elected Country as selected by you and agreed with us (Our Services, which are a part of Our Services). Save as otherwise set out in these Site Terms, the Seller acknowledges that YADAOUI does not take title or ownership of the Products or the inventory of Products at any point in time by virtue of the provision of Our Services according to these Site Terms. Title to the Products shall remain with the Seller until successful and completed delivery to its customer, or upon return to the Seller.
- SELLER’S DUTIES: You may only use the Site for lawful purposes and in a lawful manner. You must comply with all Applicable Laws in the Elected Country and you acknowledge that these may vary between different Elected Countries. You will be required to comply with any such differences as applicable. You must ensure that your Products correspond to the images uploaded to the Site and information supplied to us. It is your duty not to place any misleading advertisement or information about your Products or a brand on the Site. If you are found to be in breach of these Site Terms, you must accept return of Products and you may become liable to us under these Site Terms.
Products that we consider are potentially harmful (including, for example, to the health and safety of individuals) may require you to provide additional warranties to us to continue to allow their sale via the Site. Specific Applicable Laws in the Elected Country may apply to the sale of such Products and it is your responsibility to adhere to such laws. Liabilities incurred for not following relevant health and safety requirements and/or selling Products which are harmful to individuals or any Persons property will be at your sole risk and cost. We reserve the right to reject Products that fall under our prohibited item list, as amended from time to time. Products offered for sale on the Site must comply with all laws and regulations and with YADAOUI’s policies and protocols as may be specified on the Site and updated from time to time. The sale of illegal, unsafe, or other restricted products listed on these pages, including products available only by prescription, is strictly prohibited. Prior to listing or requesting us to list the Products on the Site, you should carefully review the relevant guidance pages available on the Site. The examples provided in Help pages are not all-inclusive and are provided solely as an informational guide. We encourage you to seek independent legal advice if you have questions about the laws and regulations concerning your Products.
- SALE AND
FULFILMENT: Other than where
we agree to provide Our Services to you in accordance with Other Service Terms
(and then only in accordance with and to the extent set out in such Other
Service Terms), for any of Our Services that you apply to use or use (and which
we agree to provide), in each Elected Country, you will:
- ensure that your Products do not cause any personal injury or damage to property;
- provide to YADAOUI (on request) an updated copy of your trade license (if you are a corporate Person) or a copy of your passport or national ID (if you are a natural Person);
- provide the required warranties and maintenance for the purchased Products in accordance with market practices, YADAOUI guidelines and protocols, and Applicable Law(s);
- remain responsible for after-sales services, guarantees, warranties, maintenance, and any defects that may arise for or in respect of your Products including where required in accordance with Applicable Law (which you may ask us to provide on your behalf);
- source, offer, sell and fulfil your Products, in each case in accordance with the terms of the applicable order and shipping information (with respect to any of your Products ordered through the Site), these Site Terms, and all terms provided by you (with our agreement) or us and displayed on the Site at the time of the order and be solely responsible for and bear all risk for those activities;
- fulfil your Products using one of our authorised third party courier companies (which shall be notified to you using the details provided through your Seller account);
- package each of your Products in a commercially reasonable manner complying with all applicable packaging and labelling requirements as provided in each Elected Country(ies);
- subject to the Other Services Terms, at your own expense or your customer’s expense (as agreed with us) ship each of your Products on or before either: (i) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for your Product; or (ii) if you do not specify shipping availability information in such inventory/product data feed or that your Product is in a product category that YADAOUI designates as requiring shipment within, three business days after the date on which the relevant order is placed by the customer and you acknowledge and agree that we reserve the right to charge for any loss suffered or incurred by us for: (i) your delays in delivery against agreed timelines; or (ii) cancellation of a confirmed order placed by a customer;
- retrieve the order information and shipping information with respect to any of your Products ordered through the Site in order to comply with your obligations according to these Site Terms;
- only cancel any sale of your Product(s) through the Site as permitted pursuant to guideline and policies issued by us and in force at the time of the applicable order or as may be required under these Site Terms;
- fulfil your Products throughout the whole of the Elected Country(ies) (except to the extent prohibited by Applicable Law or these Site Terms);
- provide to YADAOUI information regarding fulfilment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, of which we may make any of this information publicly available;
- comply with all instructions, if any, specified by the manufacturer, distributor, and/or licensor of a Product specifying the date before which specified information for such Product (e.g., title of a book) should not be disclosed publicly, or such Product should not be delivered or otherwise made available to customers;
- be the Seller of each of your Products and not act on behalf of any other Person (in any capacity);
- include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of your Products;
- identify yourself as the Seller of each of your Products on all packing slips or other information included or provided in connection with your Products and as the Person to which a customer may return the applicable product; and
- except as expressly permitted by these Site Terms, not contact customers (whether by telephone, email or other communication method) confirming orders or fulfilment of your Products or for any other reason.
- OUR POLICIES: The Site Terms are applicable to all activities or transactions made on or via the Site in each Elected Country. If YADAOUI is notified by a Seller or a third party brand owner, or via a court, administrative or government order that Products or any part thereof violates, in accordance with Applicable Laws in the Elected Country, the Intellectual Property Rights (IPRs) (which means without limitation (i) copyright, patents, database rights and rights in trademarks, designs, know-how domain name, moral right, trade secret right, or any other intellectual property right arising under any Applicable Laws and all ancillary and related rights 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 and causes of action for violation, misappropriation or infringement of any of the foregoing) of any third party or any other rights of any third party or any Applicable Laws in the Elected Country, we may remove such Products from the Site and our warehouses (if relevant) at our sole discretion or request removal of such Products by the Seller within a reasonable timeframe notified in writing or through the Seller account. Seller acknowledges that YADAOUI 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 back to you, either before or after termination of these Site Terms or cancelation of a Seller account.