Merchant Agreement

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Welcome to our website Meritok.com and our selling guidelines page. If you want to browse through our website Meritok.com (“Site”) and use our services to sell your items (“Selling Services”), the terms & conditions of our Merchant Agreement (“Agreement”) need to be accepted. By registering or signing up with Meritok.com, you agree to be bound by all the terms & conditions of this Agreement.

This Agreement is entered between Merchant (You or the entity you are representing), and Meritok Fashion LLP based in Vapi, Gujarat, India. Meritok Fashion LLP owns the website Meritok.com and provides a platform for Merchants to sell their products.

Meritok.com has the right to change any terms & conditions of the Agreement or policies or guidelines directing the Site or Selling Services at any time. The changes will take effect when information about them is posted on the Site.

This Agreement does not constitute a partnership or joint venture between Meritok.com and Merchants in any manner.

Eligibility

The Site and Selling Services can be used only by parties who can enter into and make contracts legally. Minors are prohibited to use the Selling Services. In order to register with us, you should give your real name, address, email Id, phone number, PayPal email Id, bank account details and credit card details as maybe required for facilitating payments arising out of using our Selling Services.

Role of Meritok.Com

Meritok.com offers a platform for third party sellers and buyers, in which they can negotiate and complete transactions. As a seller, you can list any of your items on the Site provided they are not prohibited by law. You may not list any item or give any link that would infringe the third party intellectual property rights like copyright, patent, trademark and trade secrets or some other proprietary rights like right of privacy or publicity. Any illegal, fraudulent or stolen material should not be used. As a seller, it is your responsibility to describe the item for sale or auction accurately. You use our Site and Selling Services at your own risk.

Rights of Meritok.com

 Meritok.com reserves the right to prevent or restrict anyone from accessing the Site or Selling Services. It also has the right to take action to prohibit any inaccurate listing, availability of offensive material, any illegal items or any inappropriately categorized items.

Termination of Merchant Agreement

Any party can terminate the Agreement by giving 30 days prior written notice to the other party. Terminating party need not give any reason for such termination. Until the written termination has been executed, the terms of the Agreement shall be valid and binding to both the parties.

Termination for Winding Up, Bankruptcy or Insolvency

For reason of the winding up, bankruptcy or insolvency, any party can terminate the Agreement. However the outstanding obligations, if any, under the purview of the Agreement will continue to exist until they are fulfilled.

Commercial Terms

Once commercial terms are mutually agreed by the parties and same will be signed or sealed by both the parties in writing. The registration shall be considered complete on receipt of 2 copies duly signed or sealed by the Merchant. Meritok Fashion LLP will keep one copy of the Agreement and send back another copy to the Merchant. This Agreement supersedes any oral or written agreements that may be previously agreed upon between Meritok.com and any Merchant with respect to this Site and Selling Services that this Agreement governs.

Changes in the Commercial Terms

The commercial terms shall be subject to change on expiry of every 12 months or as agreed by Meritok.com and Merchant on mutually agreed terms. In case the commercial terms are not revised for any reason, the existing terms shall be applicable.

Product Listing Commission

Product listing commission as a fixed percentage will be decided during the final negotiation of the commercial terms. Meritok.com may waive off the same at its sole discretion for a particular period as decided by Meritok.com. Further on completion of that particular period and depending upon the performance, the listing commission may be decided from time to time. Meritok.com will collect the payment made for the product orders on behalf of the Merchant and release the payment to the Merchant after deducting the said percentage of commission upon the shipment of the ordered item to the customer.

Note on Meritok.com Employees/Affiliates Participation

Meritok.com and its affiliates may take part in selling sometimes. Meritok employees and its affiliates are allowed to take part in their personal capacity as well, which means they can participate in the transactions carried out through the Site not as the representatives or affiliates, employees or agents of Meritok.com provided they don’t have any confidential information about a specific item. While participating in any transaction in their personal capability, the employees or affiliates of Meritok.com are subject to the Agreement and procedures and guidelines like any other buyer or seller on this Site.

Product Delivery/Logistics

The Merchant ties up with one or more courier agencies for delivery to the customer. The Merchant will be accountable for ensuring delivery to the customer as promised based on their agreement with the courier agency. The Merchant will not insert any sort of promotional or personalized information with the ordered product; non-compliance of the aforesaid will amount to breach of the Agreement and thereby Meritok.com may terminate this agreement without any notice.

Customer Database

At all times customer database will remain the sole property of Meritok.com. Any customer database shared by Meritok.com with the Merchant will be used by the Merchant only for the purpose of carrying out transactions as initiated by the use of Selling Services within the purview of this Agreement. Using the customer database for any other purpose will amount to breach of this policy and thereby Meritok.com may terminate this Agreement without any notice.

Product Data Registration

The Site offers an admin tool to the Merchants for registering product data and to manage orders. The Merchant can log into the tool and register the product data under the predefined categories. Alternatively the Merchant can request Meritok.com to register the data on his/her behalf for which the Merchant will pay minimal maintenance cost as predecided between the Merchant and Meritok.com. In case the Merchant decides that Meritok.com registers his product data for sale on Meritok.com, the Merchant will provide Meritok.com and/or its designated affiliates with all the required information for each product that Merchant wishes to make available for sale on Meritok.com and all the affiliate sites which are managed, operated or powered by Meritok.com. Thereafter, the Merchant will be solely responsible for :

  1. Providing updated product data and information in the format of Microsoft Excel or updating the product data using the tool provided by Meritok.com
  2. All his/her products and services offered or sold on Meritok.com
  3. Making sure that the product data including the images is in compliance with all applicable law.

Content & Images

It shall be the responsibility of the Merchant to provide accurate and legitimately acquired or created catalogue data to Meritok.com for uploading and selling through its website. Merchant should provide appropriate content in pre-defined Meritok.com digital format of Microsoft Excel for listing their products on Meritok.com website. If the content is not in suitable format, Meritok.com and the Merchant will work out a separate agreement for the effort involved in digitizing the product information. Alternatively the Merchant can use the tool provided by Meritok.com to register and update his/her product details and the same will be reflected on the Meritok.com website.

Pricing Updates

The Merchant is responsible for updating the prices of products as and when required on Meritok.com. The Merchant can use the tool provided by Meritok.com to register and update his/her products details and the same will be reflected on the Meritok.com website. In case In case the Merchant decides that Meritok.com registers his product data for sale on Meritok.com, the Merchant will provide frequent price updates (including discount and promotional information) in pre-agreed digital format of Microsoft Excel with sufficient time (can vary from 1 hour to 1 working day based on the catalogue size) for publishing to the Meritok.com website. For any such data managed by Meritok.com, the Merchant will pay minimal maintenance cost as predecided between the Merchant and Meritok.com. Until the new price is reflected on the Meritok.com website, the Merchant will abide by the earlier price provided.

Inventory Updates

The Merchant is responsible for updating stock information and inventory status as and when required on Meritok.com. The Merchant can use the tool provided by Meritok.com to update the same. Alternatively the merchant can request Meritok.com to manage the update of the products and provide frequent inventory updates (and information about product discontinuation) in pre-agreed digital format of Microsoft Excel with sufficient time (can vary from 1 hour to 1 working day based on the catalogue size) for publishing to the Meritok.com website. Non-availability of any product will be intimated to Meritok.com by the Merchant within 24-48hrs of such non-availability or on receipt of such request from Meritok.com.

Order Updates

The Merchant will provide Order Status Updates on regular basis according to the delivery date selected by the customer. If the Merchant fails to provide Order Status Update after 24 hours of the dispatch date or query raised by Meritok.com, then Meritok.com reserves all rights to take further actions to satisfy the customers.

Delivery Time Updates

The Merchant will provide frequent Delivery Time Updates (and information about order processing) in pre-agreed digital format of Microsoft Excel with sufficient time (can vary from 1 hour to 1 working day based on the catalogue size) for publishing to the Meritok.com website. The Merchant agrees to make product available to Meritok.com or to the customer within the delivery time as agreed upon either as a whole or at the item level. The Merchant agrees to abide by this promised delivery time at all times.

Manufacturing Defects

Any product that contains manufacturing defects, return of such a product shall be accepted by the Merchant on intimation of the same by Meritok.com or customer at any given point of time.

Invoicing

Merchant will raise an invoice in the name of "Meritok Fashion LLP" at the end of the credit period that is mutually agreed by the parties for all the orders successfully fulfilled by the Merchant through Meritok.com.

Payments

Meritok.com will make payments to the Merchant within 7-10 working days from the date of receipt of the Invoice for all the successfully fulfilled orders in that payment cycle after deducting the pre-decided commission.

Customer Service

Meritok.com will be responsible for all customer issues concerning the usage of Meritok.com website and orders placed through Meritok.com website, and the Merchant will refer all customer communications concerning the Meritok.com website to support@meritok.com. The Merchant will be responsible for all customer issues concerning the digital content provided to Meritok.com, and Meritok.com will refer all customer communications and any delivery issues concerning the fulfillment of orders to the Merchant Customer Service.

Consequences for Default

At any given point of time in one payment cycle if it is found by Meritok.com that the Merchant has defaulted by more than 10% of the orders supplied to Meritok.com or Meritok.com customers i.e. products are damaged, delayed, defective or incorrect for any reason whatsoever then in such cases the Merchant shall bear all the expenses that may otherwise be borne by Meritok.com. Such expenses with regard to but not limited to refund, replacement, courier costs or any other expense as required to retain and satisfy the customer. Meritok.com will not be liable to make payment for any disputed orders.

Sales, Use or Other Taxes

You accept that it is the responsibility of the Seller and Buyer to determine whether sales, use or any taxes applicable to the transactions and to collect and report the tax and remit it to the appropriate tax authority.  You also agree that the Site is not responsible to determine sales, use and application taxes and is not obliged to collect report and remit taxes that would arise from any transaction.

Password Security

You may use your password only to access the site, use the Selling Services, and sign your transactions digitally and to review your completed transactions. It is your responsibility to maintain the security of your password. You may not reveal your password to any third party, except third parties authorized by you to use your account. You are responsible for using or for taking any action under your password on this Site. If the safety of your password is compromises, you should change it.

Confidentiality

Without the consent of the other, no party can disclose the provisions of this Agreement to a third party without the written consent of the other party. However in case of legal matters, any party can disclose the Agreement as required by the law to the administrator, attorneys, accountants or consultants who have been appointed to represent them.

Indemnity

Indemnity and Defend Meritok.com and its affiliates and employees will be indemnified, defended and held harmless by you from and against any type of claims, damages, losses, interest, penalties and expenses, including reasonable fees to the attorneys, which would happen out of any claim that arise relating to

  • Any actual or alleged violation of your warranties, representations or obligations accepted in the Agreement
  • Your website or other sales medias, the content you offer, products you sell, the advertisement you make, sale or return of any other products you sell, violation of any intellectual property or property rights by any content you give or products you sell or failure to collect or make payment of Seller taxes.

Here “claim” refers to any claim, audit, action, inquiry, investigation or other proceeding set up by an individual or entity.

Liability Limitation

Meritok.com will not be responsible for any kind of damages, including direct or indirect punitive, incidental and consequential damages that would arise out of or in relation with the Agreement. It will not be liable for any damages that arise out of the Site, Selling Services, Goods or services purchased or get, transactions made into or messages received through the services.

Applicable Law

The Site and the Services organized, sponsored or administered by Meritok in Vapi, Gujarat, India. The Gujarat state governs this Agreement and its entire terms & conditions, without giving effect to any doctrines of conflicts of laws. The State shall adjudicate any dispute with Meritok.com or its affiliates with regard to the terms & conditions or your use of the services. By accepting the terms and conditions of the Site, you give your consent to exclusive jurisdiction and place in such courts.

Disputes

Meritok.com is not an agent of the buyer or seller. It will not act as agent of either party for resolving any disputes in between them. It advises sellers and buyers to cooperate with each other to resolve such disputes.

You Grant Right to the Site

You grant Meritok.com and its affiliates a royalty free, worldwide right to exercise copyright, publicity right and trademark rights, by entering into Agreement and listing an item on the Site. You give the right over any content you submit to the Site to make publicly available now or in future. You represent and affirm that you own or control the right to the content submitted by you to the Site and its affiliates.

Severability

If for reason, any condition of this Agreement is deemed to be unenforceable, void or illegal, then that condition will be deemed severable from the terms & conditions. This will not affect the validity of remaining conditions in any manner.

No Warranties

The Site and the Selling Services are offered on “As is” basis. Meriotk.com does not make any warranties, explicitly or implicitly, which include the following

  • The implied warranties of selling, condition for a specific purpose, title and non infringement.
  • The site or the Selling Service will fulfill your needs, will be available and accessible always, will remain uninterrupted, will be secure and operate without mistakes.
  • That the products, information, material or content on the site will be as provided by sellers. They are available for sale at the time of fixed price sale or auction, legal to sell or that sellers or Buyers will act as promised.
  • Any implied warranty that would arise in the course of making trade.
  • Any responsibility, right, liability or claim whether arising from the negligence of Meritok.com or not

Meritok.com disclaims all such warranties to the full extent allowed under applicable law.

General Release

If a dispute arises between Sellers i.e. Merchants and Buyers, they release the Site i.e. Meritok.com, its agents and employees from demands, claims and damages of every kind. The Site is not liable for known and unknown, disclosed and disclosed and suspected and unsuspected dispute in any nature. Meritok.com can not verify the correctness of all the details of all the products sold on the Site under this Agreement. Hence, the Merchants agree that they shall be responsible for all the data provided on the Site and they release Meritok.com from loss incurred, if any, during the term of the Agreement.

Meritok Fashion © 2015-2016 All Rights Reserved.