Marketplace Seller Agreement

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This document is established in order to create a contractual relationship between

Multax Trading, Pakistan and the Seller in Pakistan.

 

Multax Trading (hereinafter referred to as “Champian.Store”) company incorporated in the Islamic Republic of Pakistan.


AND

 

The Seller (hereinafter referred to as “Seller” ), a sole proprietor/company, registered under the laws of the Islamic Republic of Pakistan.

This document is an electronic record in terms of Electronic Transactions Ordinance 2002 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes.

This electronic seller agreement is generated by a computer system. So, does not require any physical or digital signatures from Parties.

 


 

1. SCOPE :

1.1  Champian.Store is in the business of providing services to facilitate Ecommerce via its online marketplace platform at Champian.Store - a platform that enables Customers and Sellers to transact online. The Seller wishes to sell Products on the online marketplace and appoints Champian.Store as its commission agent under the terms & conditions set hereunder.

1.2  Both Parties agree that customer satisfaction is the ultimate interest responsible for guiding the commercial actions and behavior of both Parties.

1.3  Every transaction of the Seller on Champian.Store platform is bounded to the acceptance of the terms of this agreement as well as the details, platform conditions  mentioned in this agreement and/or available on Champian.Store. This agreement will be considered valid as soon as it is electronically accepted by the Seller

1.4  The service provided by Champian.Store is limited to referring customers to the Seller and accepting orders and payments on their behalf as well as supporting, but not limited to, a range of logistics and marketing services, to be requested and purchased by the Seller.

1.5  Champian.Store may use the services of subcontractors to execute any part of the present agreement or any kind of future services made available to the Seller without any prior notice.

1.6  The marketplace platform terms and conditions are to be read into and incorporated as an integral part of this agreement. Due to constant improvement of Champian.Store services, platform policies will evolve and change over time (with notice to the Seller). The Seller’s use of the platform and access to the Seller Dashboard is subject to this agreement.

1.7  In order to maintain its reputation for quality and high service standards, Champian.Store reserves the right to remove and terminate the Seller membership based on Champian.Store internal QA/QC assessment of the Seller as governed by Customer Protection Policy.

1.8  Notwithstanding any clauses in this agreement, this contract is to be read in line with the Seller Code of Conduct. Any breach in the Seller Code of Conduct would automatically constitute a breach of contract within this agreement. In any event where the Seller Code of Conduct is amended, Champian.Store shall inform the seller of the said amendment.

 

 

2. TERMS  DEFINITIONS :

 

2.1. Words and Terms below shall have the following meanings in this agreement :

 

Bank Account

The bank account mentioned by the Seller in which payments will transfer.

Business Day

A day on which banks are open for business in Pakistan  (excluding Saturday and Sunday).

Commission Schedule

The schedule setting out the commission which is payable to Champian.Store by Seller for each type of Product sold on marketplace.

Contract

The contract entered into between the Seller and a Customer for the sale and purchase of the Products on the Champian.Store Marketplace.

Seller Compliance Policy

Champian.Store’s Seller Compliance Policy outlines the standard guidelines sellers need to follow on Champian.Store’s platform. Any violations made by the seller, as per this policy will result in penalties. Please read our Terms and Conditions in the bottom of website footer.

Customer Protection Policy

Champian.Store policy via which Seller Performance is kept in check

Buyer-Seller Interaction Policy

Champian.Store's Buyer-Seller Interaction Policy outlines the standard of behavior that sellers need to follow when connecting with customers on the Question & Answer Section, Instant Messenger, and Product Review Platform (of Champian.Store). Champian.Store monitors all kinds of buyer-seller communications and is authorized to take action in case of any violations.

Customer

A person, who purchases Products on the Marketplace Platform.

Dropship

A business model in which Seller is responsible for maintaining inventory of Products at own premises and making available to Champian.Store or deliver to Customer on behalf of Champian.Store.

Fee(s)

Any fees charged by Champian.Store for any additional services such as pickup or returns

Fulfilment Center

A facility provided by Champian.Store where all Champian.Store Express Products are stored and where orders are processed

Handling Time

The time from forwarding of the order by Champian.Store to the Seller till dispatch of the Product by the Seller (excluding Sunday)

In writing

All communications made through the Seller Dashboard or sent by Champian.Store through courier or email.

Intellectual Property

Any patent, copyright, registered or unregistered design, design right, registered or unregistered trademark, service mark or other industrial or intellectual property right and includes applications for any of them

Listed Price

The listing price of the Product on the Platform and shall be that price at which the Seller informs Champian.Store that it wishes to sell any Product and which price shall include any taxes, whether federal, provincial or local, which the Seller is required and liable to pay on the sale or supply of each Product or type of Product. The Listed Price shall not be higher than the price at which the Seller offers the same Product through its own sales channels

Penalty/Penalties

Any financial and/or operational penalty inflicted by Champian.Store on the Seller for any breach of Marketplace Platform terms and conditions.

Pending

The status on the Seller Dashboard depicting that an order has been received and awaiting processing

Platform

Champian.Store website or any affiliate websites

Platform Policies

All the policies and guidelines applicable to Sellers and available on Champian.Store

Product(s)

The products which the Seller intends to sell on the Platform.

Ready to Ship

The Products are signaled as being physically available, packed according to packaging guidelines and ready to be transferred to Champian.Store for delivery

Rejected Product

A Product that has been shipped but could not be successfully delivered to a Customer, for any reason whatsoever

Return Policy

The policy governing the return, refund, cancellation or rejection of products and which can be viewed within.

Returned Product

A Product that had been delivered but has been returned by the Customer, for any reason whatsoever

Rules of Packing & Shipping

The rules governing the dispatch and handling of the products sold by the Seller, which can be viewed within

Seller Dashboard

The login based platform accessible by a Seller by using the user name and password provided to it by Champian.Store

Seller Performance

The Seller performance in accordance with the policies and standards defined by Champian.Store

Seller Support Center

The support service provided by Champian.Store to solve the issues faced by Sellers as well as help Sellers grow their business

Shipped

A Product is considered shipped and on course for delivery to the Customer

Signup Process

Process through which person(s) or entities sign up to sell on Champian.Store online marketplace

Third Party Logistics (3PL)

An external service provider designated by Champian.Store for shipping



 

3. ACCESS TO PLATFORM AND SELLER DASHBOARD

3.1 After going through and successfully completing the Signup Process, Champian.Store shall provide the Seller with a unique username and password to access the Seller Dashboard and complete the registration process.

3.2 The Seller is responsible for maintaining up to date information pertaining to their business on Seller Dashboard such as, but not limited to, address and bank account number. Champian.Store is not responsible for any liability arising from incorrect information supplied by the Seller.

3.3 The Seller shall be solely responsible for the safety and security of its password and shall not disclose its password to any third party. The Seller is solely responsible for any use of or action taken under the password and shall fully indemnify Champian.Store from any damages or injury resulting from any unauthorized use of its password.

3.4 Any correspondence or communication received through the Seller Dashboard and/or appointed email address shall be presumed to originate from and have been made with the approval of the Seller and Champian.Store shall be entitled to rely on such correspondence or communication.

3.5 Every message sent to the Seller through his registered email in the Seller Dashboard account or via Seller Dashboard which did not receive an answer or written objection within 72 hours will be worth agreement between Champian.Store and the Seller.



 

4. FEATURING PRODUCTS ON THE PLATFORM

4.1 Champian.Store shall feature the Seller’s Products on the Platform for sale at the given Listed Price. The Platform shall show the Product as being sold by the Seller and not by Champian.Store.

4.2 Any particular Product(s) featured on the Platform may be delisted by Champian.Store if sale of that Product would contravene any law or the Seller breaches any of its obligations under this agreement and in such case, the Seller shall be notified immediately.

4.3 Seller shall provide Champian.Store with the Required Product Information in the prescribed format. This information must be true and in line with the actual physical Product. The Seller will be responsible for listing their own products.

4.4 Champian.Store reserves the right to use, reproduce, modify, adapt, publish, translate, create and distribute any content that the Seller provides.

4.5 At the request of the Seller, Champian.Store produces digital images of the Product(s) for display on the Platform, Champian.Store will charge Fee and is entitled to deduct this amount from payments made to the Seller for the sale of any Product(s) in addition to any other amounts it is entitled to deduct under this agreement.

4.6 Where a Customer places an order for purchasing a Product through the Platform, it shall be deemed to be an acceptance of the Seller’s offer to sell the Product and a binding contract shall come into force between the Customer and the Seller. Champian.Store has no relation with the contract are offered by the Seller and are agreed to by the Customer.

4.7 Champian.Store will not be responsible for, resolve or mediate any disputes between the Seller and a Customer.

4.8 All Contracts entered into between the Seller and a Customer shall be subject to this agreement and in the case of any conflict between this agreement and the Contract or any document included in the Product(s) sent to a Customer or implied by trade practice or course of dealing, this agreement shall prevail.

 



5. SELLER OBLIGATIONS WITH RESPECT TO CUSTOMER SERVICE

5.1 Champian.Store may forward questions or complaints received by Champian.Store Customer Service regarding any sold Product(s) to the Customer. The Seller shall be obliged to respond to Champian.Store on all such questions or complaints within forty-eight (48) hours of the receipt of such questions or complaints.

5.2 If a Seller fails to respond to any question or complaint within forty-eight (48) hours of receiving the same, the Seller or any of its Products may be de-listed from the Platform without further notice.



6. COMMISSION Terms

6.1  As an agent for the Seller, Champian.Store shall be entitled to receive a commission for the sale of each Product on the Platform.

6.2  Commissions are calculated as a percentage of tax inclusive sales price.

6.3  Commissions are deducted by Champian.Store when making a payout to the Seller.

6.4  Champian.Store reserves the right to adjust the percentage Commission, providing suitable notice of 14 days in advance to the Seller.



7. PAYMENTS Terms

7.1 Champian.Store shall receive and process all payments for Products purchased on the Platform on behalf of the Seller. Champian.Store shall make payment of the amount of the Listed Price for the Product(s) received from a Customer, less its commission for the sale of the Product(s), less any service Fees/Penalties or any other amounts due if applicable, subject to its right of set-off under this agreement.

7.2 The payments will be made to the Seller on a monthly basis to the Bank Account, provided that payment related to any Product shall be initiated not less than 20 days after the Product has been successfully delivered to the Customer.

7.3 Champian.Store will ensure payment statements are available on the Seller Dashboard with all relevant payment information.

7.4  All payments will be made in Pakistan Rupees. In case the Seller wishes to change the information for the Bank Account, it may do so by updating its Bank Account information through the Seller Dashboard.

7.5  The Seller agrees that Champian.Store shall not be liable for any failure to make payments due to incomplete or inaccurate information provided by the Seller with regards to its Bank Account.

7.6  In case a payment has been issued by Champian.Store to the Seller for a delivered item that is later returned to Champian.Store by the customer, Champian.Store will deduct equivalent amount in the next cycle and return the product to the Seller.

7.7  The Seller shall be responsible for payment of all customs duties, sales tax, excise tax, value-added tax and any other duties, excess, fees or charges of whatsoever nature which may be imposed by governing authorities of any jurisdiction applicable in connection with sale or supply of its Products on the Platform and their purchase by Customers. It is clarified that the Seller shall be solely responsible for the payment of any sales tax on the supply of these Products to the Customer through the Platform and Champian.Store shall have no liability in this regard.



8. WARRANTY Terms

8.1 The Seller furthermore warrants and represents to Champian.Store that:

8.1.1 It is competent to enter into this agreement and any Contract and its entry into this agreement and any Contract and the performance thereof have been duly authorized by all necessary corporate action and constitutes a valid.

8.1.2 It and its subcontractors, agents and suppliers involved in producing or delivering the Products will strictly adhere to all applicable laws of Pakistan and other countries where the Products are produced or delivered, regarding the operation of their facilities and their business and labor practices.

8.1.3 It is legally entitled and permitted to sell the Products that it is listing.

8.1.4 The Products are not dangerous and do not contain any hazardous substance, contraband, explosives, or any kind of prohibited material as per law.

8.1.5 It will package and ship all Products in accordance with all applicable laws and the Seller shall be solely responsible for any violation of law and will indemnify Champian.Store against the consequences of any such violation.

8.1.6 All information, including but not limited to all information furnished to Champian.Store with regards to the Products is accurate and up-to-date.

8.1.7 It shall not host, display, upload, modify, publish, transmit, update or share any information which infringes any patent, trademark, copyright, proprietary rights, third party’s trade secrets, rights of publicity, or privacy, is fraudulent or involves the sale of counterfeit or stolen items.

8.1.8 In its performance under this agreement and any Contracts entered into with Customers, the Seller shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations, and specifically with any import and export, and health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international, country, region, state, province, city, or local) where this agreement may be performed. Upon Champian.Store’ written request, the Seller shall provide any written certification of compliance required by any federal, state, or local law, ordinance, code, or regulation.

8.1.9 If necessary, the Seller shall be obliged to procure all formal consents, waivers, approvals, authorizations, exemptions, registrations and/or licenses necessary for Champian.Store to feature the Products on the Platform, at its own cost.

8.1.10 Champian.Store may at any point require the Seller to provide any financial, business or personal information for any purpose whatsoever, and the Seller shall provide the same to Champian.Store within seven (7) Business Days of such request being made.

8.1.11 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing or of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and require our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes. You warrant that you are not, in any way, actively involved in money laundering or financing of terrorist or criminal activities or any other illegal activity. We reserve the right to carry out necessary money laundering, terrorism financing, fraud or any other illegal activity check before authorizing your account, payments or processing of any applicable refunds


 

9. INFORMATION CONFIDENTIALITY

11.1. All Customer information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic, observational, or otherwise, and documents supplied, revealed or disclosed in any form or manner to the Seller by Champian.Store, or produced or created by the Seller for Champian.Store hereunder are the intellectual property of, and confidential to Champian.Store and Seller and shall be used solely by the Seller for purposes of this agreement. All such information shall be treated and protected by the Seller as strictly confidential, and shall not be disclosed to any third party without the prior written consent of Champian.Store, and shall be disclosed within the Seller’s organization only on a need-to-know basis.

11.2. Both Parties may require their respective employees and other personnel involved in the performance of this agreement to execute an individual confidentiality agreement prior to any disclosure. Any non-disclosure agreement heretofore executed by the Seller in connection with the sale of its Products under this agreement is hereby expressly incorporated within the Contract.

11.3. Both parties shall immediately return to each other any information provided, either upon demand, or upon termination of this agreement, including all copies made by either Party.

11.4. Both Parties shall not publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this agreement or make any reference to each other, the business of either to any third party by any means, and through any medium (including but not limited to advertising, web site references, photographs, articles, press releases or interviews, speeches or programs) without obtaining prior written consent.

 



10. LIMITATION OF LIABILITY

The Platform And Seller Dashboard, Including All Content, Software, Functions, Materials And Information Made Available In Connection With The Seller’s Access To And Use Of The Platform And The Seller Dashboard, Are Provided "As-is." The Seller Acknowledges And Confirms That It Will Access And Use The Platform And The Seller Dashboard At Its Own Risk. To The Fullest Extent Permissible By Law, Champian.Store Disclaims:

 

(I) Any Representations Or Warranties Regarding This Agreement, The Contracts Or The Transactions Contemplated By This Agreement, Including Any Implied Warranties Of Merchantability, Fitness For A Particular Purpose Or Non-infringement;

(Ii) Implied Warranties Arising Out Of Course Of Dealing, Course Of Performance Or Usage Of Trade; And

(Iii) Any Obligation, Liability, Right, Claim Or Remedy In Tort, Whether Or Not Arising From Champian.Store’ Negligence. Champian.Store Does Not Warrant That The Functions Contained In The Platform And Seller Dashboard Will Meet The Seller’s Requirements Or Be Available, Timely, Secure Uninterrupted Or Error Free, And Champian.Store Will Not Be Liable For Any Service Interruptions, Including But Not Limited To System Failures Or Other Interruptions That May Affect The Receipt, Processing, Acceptance, Completion Or Settlement Of Any Contracts Or Transactions.

Champian.Store Does Not Warrant That The Functions Contained In The Platform And Seller Dashboard Will Meet The Seller’s Requirements Or Be Available, Timely, Secure Uninterrupted Or Error Free, And Champian.Store Will Not Be Liable For Any Service Interruptions, Including But Not Limited To System Failures Or Other Interruptions That May Affect The Receipt, Processing, Acceptance, Completion Or Settlement Of Any Contracts Or Transactions.

10.2. Because Champian.Store Is Not A Party To The Contracts Between Customers And Sellers, If A Dispute Arises Between Them, The Customer And Seller Release Champian.Store (And Its Agents And Employees) From Claims, Demands, And Damages (Actual And Consequential) Of Every Kind And Nature, Known And Unknown, Suspected And Unsuspected, Disclosed And Undisclosed, Arising Out Of Or In Any Way Connected With Such Disputes.

10.3. Champian.Store Will Not Be Liable (Whether In Contract, Warranty, Tort (Including Negligence, Product Liability Or Other Theory) Or Otherwise) To The Seller Or Any Other Person For Cost Of Cover, Recovery Or Recoupment Of Any Investment Made By The Seller In Connection With This Agreement, Or For Any Loss Of Profit, Revenue, Business, Or Data Or Punitive Or Consequential Damages Arising Out Of Or Relating To This Agreement, Even If Champian.Store Has Been Advised Of The Possibility Of Those Costs Or Damages. Further, Champian.Store’ Aggregate Liability Arising Out Of Or In Connection With This Agreement, The Contracts Or The Transactions Contemplated Will Not Exceed At Any Time The Total Commission During The Prior Three Month Period Paid By The Seller To Champian.Store Except.

 



11. FORCE MAJEURE

11.1 Champian.Store shall not be liable to the Seller or be deemed to be in breach of this agreement by reason of any delay in performing or any failure to perform any of Champian.Store’ obligations if the delay or failure was due to any cause beyond Champian.Store’ reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Champian.Store’ reasonable control:

11.2 Act of God, explosion, flood, tempest, fire or accident war or threat of war, sabotage, insurrection, civil disturbance or requisition;

11.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

11.4 import or export regulations or embargoes;

11.5 interruption of traffic, strikes lock-outs or other industrial actions or trade disputes (whether involving employees of Champian.Store or of a third party);

11.6 Interruption of production or operation, difficulties in obtaining raw materials labor, fuel, parts or machinery;

11.7 power failure or breakdown in machinery.

11.8 Champian.Store may, at its option, fully or partially suspend delivery/performance while such circumstances continue and Champian.Store shall not be liable for any loss or damage suffered by the Seller as a result of such suspension, including but not limited to from the Seller’s failure to fulfill any Contract with a Customer.

 



12. DURATION & TERMINATION

12.1 This agreement remains valid for one year extendable by tacit agreement until one of the parties terminates it.

12.2  The Seller may terminate this agreement by means of thirty (30) Days’ notice by registered letter with acknowledgement of receipt.

12.3  On or at any time after the occurrence of any of the events of default in Clause 15.4 below, Champian.Store shall, in addition to any rights or remedies it may have in law, in equity, be entitled to terminate this agreement with immediate effect by written notice to the Seller.

12.4 The following shall constitute events of default:

12.5 The Seller being in breach of any warranty or representation under this agreement or any Contract;

12.6 The Seller being in breach of any obligation under this agreement or any Contract and failing to remedy the same on or before seven (7) Business Days from receipt of a written notice from Champian.Store of such breach;

12.7 the Seller passing a resolution for its winding up or a court of competent jurisdiction making an order for the Seller’s winding up or dissolution;

12.8 The making of an administration order in relation to the Seller or the appointment of a receiver over or an encumbrance taking possession of or selling any of the Seller’s assets;

12.9 the Seller making an arrangement or settlement with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors;

12.10 the Seller ceasing or threatening to cease to carry on business; or

12.11 Champian.Store reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.

12.12 The termination of this agreement shall not terminate any Contracts already entered into and the Seller shall be obliged to perform all Contracts entered into with Customers.

12.13 The Parties will settle all outstanding liabilities on termination of this agreement.

 


 

13. ASSIGNMENT

13.1 The Seller may not assign this agreement or any Contract, or any part hereof, or any money due hereunder, without the prior written consent of Champian.Store. If consent is granted, any such assignment by the Seller shall not increase or alter Champian.Store’ obligations nor diminish the rights of Champian.Store, nor relieve the Seller of any of its obligations under this agreement or any Contract.

13.2 Champian.Store reserves the right to assign this agreement, in whole or in part, to any party, including Champian.Store’ affiliates.

13.3 The Sellers shall give Champian.Store prompt written notice of any change in its ownership or organization, and changes in the manufacture or production of the Products provided hereunder.

 



14. MODIFICATIONS

The Seller acknowledges and agrees that Champian.Store may at its sole discretion modify, amend or change any of the General Terms and Platform Policies and such modified, amended or changed General Terms and Platform Policies shall come into force and be binding on the Seller upon the posting of such changes on Seller Dashboard or on the Platform, and the Seller is responsible for reviewing these locations and informing itself of all applicable changes or notices. The Seller should refer regularly to Seller Dashboard to review the current agreement (including the Platform Policies). Champian.Store will inform the Seller of any modification via email. THE SELLER’S CONTINUED ACCESS AND USE OF THE PLATFORM AND SELLER DASHBOARD AFTER CHAMPIAN.STORE POSTING OF ANY CHANGES WILL CONSTITUTE ITS ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

 



15 Order Processing and Packaging:

15.1 Upon receipt of an order for the purchase of any Product(s) through the Platform, Seller shall be responsible for dispatching and delivering the Product(s) to the Customer with branding materials, such as stickers, which identify that the Product(s) was sold through the Platform.