Vendor Agreement Policy
The Vendor will keep informed at all times https://t-mp.co.uk about the availability of the
products in its inventory along with detailed specifications like size, colour, texture etc.
etc. as may be required of the product. Order once placed on the website by the customer
shall
have to be honoured by the Vendor at all costs.
https://t-mp.co.uk as such shall not charge any fee for providing webspace/display on
website
however for all such sales that are made/generated using the website
https://put-your-url.com, a
commission shall be paid by the Vendor to https://t-mp.co.uk.
It is expressly agreed https://t-mp.co.uk shall debit the amount of commission from the
remittance to Vendor at the time of forwarding the order received from the end customer.
- The Vendor shall upon receipt of the order from https://t-mp.co.uk immediately arrange to deliver the products to the designated address as early as possible but in any case, the dispatch shall be made within 15 (FIFTEEN) days of the receipt of the Order. In case the Vendor fails to dispatch the product within the aforesaid time, it has to return the amount received back to https://t-mp.co.uk forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the agreement and be one of the causes for termination of agreement. The Vendor shall provide to https://t-mp.co.uk the consignment number, details of courier/shipment agency immediately followed by proof of delivery.
- The Vendor shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Vendor to the customer.
- The Vendor agrees to replace the defective products supplied to the customer at its own cost and shall not hold https://t-mp.co.uk responsible in any manner whatsoever.
- https://t-mp.co.uk may, at its discretion arrange to lift the defective products from the customer however the Vendor will still be liable to replace the defective product. Any charges incurred by https://t-mp.co.uk for lifting and forwarding such defective goods shall be on account of the Vendor. The Vendor shall make good such charges to https://t-mp.co.uk upon receipt of invoice/debit note. No request for any adjustment from future payables to the Vendor from https://t-mp.co.uk will be made however, https://t-mp.co.uk is at its liberty to deduct such amount from future payables of fresh Orders. Such deductions shall not be treated as practice and/or precedent. For avoidance of doubts it is clarified that defective would mean and include but is not limited to wrong product, damaged product, mis sized product and any other shortcoming which the customer may point out. The Vendor hereby authorizes https://t-mp.co.uk to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer.
FEES AND BILLING
Joining and listing of product on https://t-mp.co.uk is free. https://t-mp.co.uk charges a 2% of the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged. https://t-mp.co.uk Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for https://t-mp.co.uk services are effective after https://t-mp.co.uk provides you with at least fourteen (14) days’ notices by posting the changes on the Site. However, https://t-mp.co.uk may choose to temporarily change the Fees Policy and the fees for https://t-mp.co.uk services for promotional events. Such changes are effective when https://t-mp.co.uk posts the temporary promotional event on the Site. https://t-mp.co.uk may, at https://t-mp.co.uk sole discretion, change some or all of https://t-mp.co.uk services at any time. In the event https://t-mp.co.uk introduces a new service, the fees for that service are effective at the launch of the service.
FEES AND TERMINATION
If https://t-mp.co.uk terminates a listing or your account, if you close your account, or if the payment of your https://t-mp.co.uk fees cannot be completed for any reason, you remain obligated to pay https://t-mp.co.uk for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact https://t-mp.co.uk.
LISTING AND SELLING
By listing an item on the website you warrant that you and all aspects of the item comply with https://t-mp.co.uk published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your https://t-mp.co.uk profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
DISPUTES
If there will be disputes between the buyer and the seller, we will have a mediation team,
where
both parties, the Buyer and Seller, have to present their case for our team to
intervene.
If the Buyer is not satisfied or has any issues with the Seller, they first need to confirm
they
complied with the shops or seller’s policy. Then they need to follow up the dispute with the
seller. If they are unsuccessful, they can now open a case with the https://t-mp.co.uk team.
We
will not have any guarantees on the amount of time it will take for the case to be handled.
We will only cater for Kenyan Based sellers. However, the sellers can have buyers from all
over
the world.
RESTRICTED ACTIVITIES:
Your Content and your use of https://t-mp.co.uk shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy, or any applicable law, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
PRICING POLICY
Please note that faith is the most important aspect of trade between buyers and sellers in a
business place and one of the key aspects of faith is fair pricing. For healthy transaction
flow
at https://t-mp.co.uk, we ask you to price your items responsibly and reasonably.
Please note that we are constantly monitoring prices for each merchant at various channels
and
do not allow you to price your items at higher prices at https://t-mp.co.uk vs. other
channels
such as your own retail store, your own website (if any) or any other 3rd party retail
stores or
Websites. You should price your items sold at https://t-mp.co.uk to be same as the lowest
rate
you are selling at elsewhere or even lower but it should not be more. Violation of our
pricing
policy will result into warning notices and can also result into account suspension and/or
store
suspension.
COVENANTS OF VENDOR
The Vendor hereby covenants with https://t-mp.co.uk as under:
- To deliver the product of the Ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Vendor shall maintain adequate stock/inventory of the items at all times. In case the Vendor is running out of supplies or is likely not to fulfill the Order received by https://t-mp.co.uk, so that notice of OUT OF STOCK for the product can be placed on the website.
- Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of https://t-mp.co.uk, to the customer either along with the products supplied or in any manner whatsoever.
- Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.
- The Vendor declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorised to sale/provide/licence such products to the customer.
- The Vendor agrees to indemnify and keep indemnified https://t-mp.co.uk from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against https://t-mp.co.uk due to acts/omission on the part of the Vendor
- To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is surrogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the website of https://t-mp.co.uk. The Vendor agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to https://t-mp.co.uk
- To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Vendor agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.
- To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of https://t-mp.co.uk.
- At all times have access to the Internet and its email account to check the status of approved orders and will ensure prompt deliveries within the time frame mentioned.
- Not to offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
- To provide satisfactory proof about the ownership/licences of all the legal rights in the Products that are offered for sale on the Online Store as and when demanded by https://t-mp.co.uk.
- To pass on the legal title, rights and ownership in the Products sold to the Customer.
- To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor. No claim of whatsoever nature will be raised on https://t-mp.co.uk.
- The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS OF THE VENDOR
The Vendor warrants and represents that
- The signatory to the present agreement is having the right and full authority to enter into this Agreement with https://t-mp.co.uk and the agreement so executed is binding in nature.
- All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Vendor.
- There are no proceedings pending against the Vendor, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
- That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with https://t-mp.co.uk.
- It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. It further declares and con https://t-mp.co.uk that it has paid and shall continue to discharge all its obligations towards statutory authorities.
- That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with https://t-mp.co.uk and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
- It shall maintain details of all transaction and mark as complete / incomplete as the case may be and shall provide the same to https://t-mp.co.uk upon demand.
INDEMNITY
The Vendor indemnifies and shall hold indemnified https://t-mp.co.uk, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to https://t-mp.co.uk shall also include the Mobile Operators and such other agencies through whom https://t-mp.co.uk shall make the Online Store available to the Customers.
LIMITATION OF LIABILITY
- https://t-mp.co.uk on the basis of representation by the Vendor is marketing the products of the Vendor on the shopping portal Zubagate.com to enable Vendor to offer the its products for sale through the said online shopping portal. This representation is the essence of the Contract. It is expressly agreed by the vendor that https://t-mp.co.uk shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Vendor agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through online shopping portal Zubagate.com (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold https://t-mp.co.uk harmless and indemnified against all such claims and damages. Further https://t-mp.co.uk shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.
- https://t-mp.co.uk under no circumstances will be liable to the Vendor for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Vendor has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Vendor to have been deliberately caused by https://t-mp.co.uk.
INTELLECTUAL PROPERTY RIGHTS
The Vendor expressly authorises https://t-mp.co.uk to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licenced by it for the purpose of reproduction on the website and at such other places as https://t-mp.co.uk may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
ENTIRE AGREEMENT
This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, correspondence, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
CONTACT INFORMATION
If you would like to: access, correct, register a complaint, or simply want more information
please contact us directly Via:
Email: info@t-mp.co.uk