Terms and conditions of ALISEON seller
Article 1 (Purpose)
These terms and conditions are referred to as ALISEON MENA MANAGEMENT INFORMATION AND MARKETING LCC (hereinafter referred to as ‘company’). Located at G-06A, Al Rais Shopping Centre, Almanghool Street, Burdubai, UAE, and the company’s e-commerce service platform ALISEON Web, App, OTT (hereinafter referred to as a ‘seller member’ of the ALISEON Terms and conditions) are registered as seller members).
Article 2 (Definition of Terms)
The definition of terms and used in these terms and conditions shall comply with Article 1 of the Terms and Conditions of Use of ALISEON, except as otherwise provided in these terms and conditions.
Article 3 (Effective)
① The company may stipulate details not stipulated in these terms and conditions in separate sales service use policies (hereinafter referred to as ‘use policies’) and seller member training materials, and notify them through the ‘ALISEON Seller Shop Management Page, https://mena-shop.aliseon.com/ (hereinafter referred to as ‘Shop admin’)
② The company my separately enact terms and conditions for specific services (hereinafter referred to as ‘individual terms and conditions’) in accordance with the provisions of relevant laws and regulations, and if a seller member agrees to individual terms and conditions, individual terms and conditions shall be applied first.
③ If there are changes to these terms and conditions, the company may notify the Shop Admin of the changes 14 days before the effective date of the change (but 30 days before the change is made against the seller member), and notify the registered member by e-mail or text message. If a seller member does not agree to the changed terms and conditions, he/she may request withdrawal from the seller member (termination of the use contract), and if he/she does not express his/her refusal by the date of application of the change, he/she is considered to have agreed to the terms and conditions.
④ The revised changes to these terms and conditions shall not be retroactive prior to the application date.
⑤ As of the standard date of service use, under UAE law, if a minor member under the age of 18 wants to sell goods or services as a private seller member, the company may require the member to submit the legal representative’s consent and proof. If the member does not comply with this regulation, the member cannot sell the product or service.
⑥ If a member of the ALISEON Terms and Conditions intends to convert to a personal seller member or sell goods or services directly as a personal seller member without conversion, the company may request the member for data on identification, and the member must submit the relevant data required by the company. If the relevant member does not comply with this regulation, the company restricts the use of services provided by the company, such as registration of sales of goods and services.
⑦ In the case of VENDORs who have made separate contracts with ALISEON or have signed VENDOR agreements, separate contracts and VENDOR agreements take precedence over these terms and conditions.
Article 4 (Service fee)
① Service usage fees refer to the amount that a seller member must pay to the company in return for using the services provided by the company, and the company shall settle with the seller member by deducting the service usage fee from the sales price or the amount deposited by the purchasing member.
② Service usage fees include the amount obtained by multiplying the initial product price (hereinafter referred to as ‘sales price’) set by the seller member by the ratio set by the company (hereinafter referred to as ‘service usage rate’) and various sales promotion services (advertising, promotion, search, etc.)
③ Details of service usage fees and service usage rates are notified to the Shop admin and may be changed according to consultations between the company and seller members or according to the company’s internal circumstances and product types.
④ The company issues the previous month’s sales settlement statement to seller members through Shop Admin on the middle of every month (15th), and seller members can check related policies such as service usage fees and service usage rates, contents of sales promotion services, and how to use them.
Article 5 (Responsibilities and Management Obligations of Seller members)
① Sales of goods and services on the website can be made at the same time as the registration of seller members is completed, and seller members must directly register and manage information on goods and services through Shop Admin. To this end, seller members are provided with a guide or manual that explains the process from product registration to sales and settlement, as well as the refund and return process through Shop Admin.
② All sales activities, including the sale price of goods and services (standard margin rate, delivery fee, service usage fee, etc., directly considered and judged by the seller), and advertisement and promotion of other goods and services, shall be judged and determined by the seller himself. If a seller member violates the laws and conditions, the company shall take measures to protect users (E-commerce service platform members and non-members, same as follows) and minimize damages to the company in accordance with Article 16 paragraph (2) of this Terms and Conditions. In addition, if a seller member violates laws and conditions and causes damage or damage to the company, the seller member shall bear full compensation for the damages of the company and civil criminal liability.
③ Seller members must faithfully manage data on matters that change from time to time, such as inventory quantity, and seller members cannot falsely state the data. If discovered in violation of this provision, the company may disqualify the seller member and terminate this contract. Refer to Article 6, paragraph (2) of this Terms and Conditions.
④ Seller members must comply with the requirements of the UAE’s e-commerce law, electronic financial transaction law, credit finance law, telecommunications business law, food hygiene law, cosmetics law, electrical goods and household goods safety law, value-added tax, information protection law, trademark law, copyright law, and children’s product safety law. However, if there is no illegality or risk factor as a result of the confirmation, the relevant measure is lifted without delay.
⑤ Seller members may use the name, logo, etc. of the e-commerce service platform website after written approval by the company.
⑥ Seller members implement guarantee services for the goods and services sold at their own responsibilities and expenses.
⑦ Seller members must comply with the purchase members’ requests for evidence, such as issuing tax invoices. If this provision is not observed, the company may withhold the payment of settlement payment.
⑧ Seller members must accurately register and disclose information such as their contact information and address so that purchasing members can check it, and must faithfully and accurately respond to inquiries from purchasing members. If damage occurs to the purchasing member due to the seller member’s insincere or inaccurate answers, the seller member is responsible for this. In addition, the company may request compensation from seller members if there is damage such as damage to the value of our brand. Refer to Article 13 paragraph (2) and Article 16 paragraph (5) of this Terms and Conditions.
⑨ If a specific licensing qualification is required in connection with the sales of the product, the seller member shall register and sell or advertise the sales product after satisfying the requirements for this. All civil and criminal responsibilities arising from selling or advertising related products without qualification for licensing rests with the seller member himself.
⑩ Seller members cannot maintain product registration without long-term sales (0 sales for 3 months) after product registration, and if they violate this, the company may delete or suspend the product without further notice.
⑪ If there is no product registration, sales activity, or sales record for 3months after registration as a seller member, the service use restriction or contract may be terminated without separated notice from the company.
⑫ The company may take necessary measures for the seller member to improve the quality of the e-commerce service platform and user service experience if the delivery completion delay and cancellation rate exceed a certain level due to the seller member’s reasons.
Article 6 (Intellectual Property)
① Seller members shall not infringe on any intellectual property rights such as trademark rights, patent rights, copyrights, brand name rights, or portrait rights of third parties in relations to registration and sale of goods, services, events, and exhibitions, and shall use them after obtaining permission from a legitimate right holder.
② If a third party claims infringement of rights related to intellectual property rights regarding all information registered and used by a seller member (including portrait and brand name), the company takes necessary measures, such as suspending the sale of the goods and services under Article 16 of this agreement.
③ All information, such as images and product details registered by seller members, can be shared according to the company’s policy on websites, third parties affiliated with the company (and their websites), channels of ALISEON creator members, and shared link address issued by the company.
④ In order for seller members to share them with accounts such as blogs of third parties other than those who use the company and its services, they must agree to the policy set by the company and only in the manner permitted by the company. Violation of this provision may result in disadvantages such as disqualification of the seller member and suspension of sales of goods and services pursuant to Article 16 paragraph (2) of this agreement.
⑤ The company may modify and delete all information (including portrait, brand name) such as images registered by seller members in case of failure to comply with the guide or dispute.
⑥ When a seller member applies for participation in an event or exhibition, the seller member must produce an image for the event or exhibition, and the seller member recognizes the contents and the seller member secures the right to the content.
⑦ When a seller member creates content affiliate with a creator member within ALISEON, the copyright for the content belongs to the creator. However, if a separate contract is established at the time of affiliation, the relevant contents take precedence over these terms and conditions.
⑧ Seller members shall indemnify the company if they receive an objection from a third party other than a lawsuit or lawsuit regarding information registered and used on the website, and if they fail to indemnify, they shall compensate the company for all damages incurred. See Article 13 paragraph (2) of this Terms and Conditions.
Article 7 (Delivery of goods)
① As soon as the payment according to the buyer’s order is completed, the company delivers the order information to the seller member by Shop Admin, e-mail, etc., and the seller member delivers it according to the order information.
② The seller member checks the order details, properly packs the product to prevent damage during delivery, and entrusts the delivery to a logistics agency (delivery) company that can prove or track the delivery. In case of violation of this provision or damage during delivery, the company is not responsible.
③ The seller member shall take necessary measures to supply goods, etc. within up to 2 business days from the date of payment of the buyer (except when the buyer and the seller member have made a separate agreement on the timing of supply of goods, etc.), and prove that the shipment has been completed. In the case of overseas delivery, the purchase information is informed so that the buyer can know the delivery date for each delivery country.
④ If the seller member does not send it within the deadline of the preceding paragraph or the buyer does not receive the product normally due to an error in entering the seller’s delivery destination, the seller member shall bear all responsibility for it. However, it is the buyer’s responsibility for the buyer’s error in entering the delivery destination.
⑤ In the case of delivery in the UAE, the seller member must take measures to receive the product ordered by the buyer within 2 days of shipment, and the buyer may file a report of non-arrival of the product if the delivery status is ‘delivery complete’ but not received for more than 3 business days. When a buyer’s report of non-arrival of the product is received, the seller member must check it through Shop Admin and take necessary measures. If the seller member does not take necessary measures within 14 days of the date of receipt of the non-arrival report, the company cancels the transaction and processes a refund to the buyer. In the case of overseas delivery, the purchase information is informed so that the buyer can know the delivery date for each delivery country. In the event of violating this provision, the company takes measures such as penalties for seller members. Refer to Article 16 paragraph (2) of this terms and conditions.
⑥ If the company does not confirm the order for a considerable period of time after notifying the buyer of the payment of the purchase price, or does not implement follow-up procedures such as delivery even after confirming the order, the company automatically refunds the buyer. In the event of violating this provision, the company may take appropriate measures, such as penalties for seller members, suspension of accounts, and suspension of service use. Refer to Article 16 paragraph (2) of this Terms and conditions.
⑦ In cases where delivery cannot be carried out due to natural disasters, wars, riots, economic sanctions, or other irresistible force, the buyer is notified and not included in the business day.
Article 8 (Exchange, Refund)
① When a buyer requests an exchange or refund after receiving a product, the seller member receives a return under relevant laws such as the UAE E-commerce Act and processes an exchange or refund, and the additional costs are borne by the buyer and the seller member.
② If the cancellation request is not processed within 2 business days of the cancellation date after confirming the order, the order will be automatically refunded on 3 business days.
③ If there is a defect in the product or a defect in the safety of use, the seller member shall take ‘recall’ measures to collect, repair, exchange, or refund all of them, the bear all expenses accordingly.
④ Seller members shall specify the fact that withdrawal of subscription is impossible in cases where withdrawal of subscription is restricted under the UAE E-commerce Act, where consumers can easily know the packaging of products.
⑤ Seller members who have received the product return may withhold the return if they need to settle the shipping cost or confirm the return of the free gift, and may refuse the return if there are justifiable reasons, such as restrictions on withdrawal of subscription under the preceding paragraph. If the seller member does not express his/her special intention within 3 business days from the date of receipt of the return without withholding the return, the company can take necessary measures for the refund. However, if a seller member requests a delay in refund by proving the reason to restrict the buyer’s withdrawal of subscription, the company withholds the refund and cancels the buyer’s request for refund if a justifiable reason is recognized. If there is a reason that is not justified in the company’s judgment, the company proceeds with a refund and pays excluding the refund amount from the settlement amount.
⑥ Notwithstanding the provisions of the preceding paragraph, the company may first approved and refund the return to the buyer under the company’s policy before the seller member directly judges and decides whether to withhold or reject the return from the buyer. At this time, if a seller member raises an objection to a specific refund process, the company determines the legality of the refund on behalf of the buyer, and if a loss occurs to the seller member due to the company’s negligence, it is compensated for the company’s responsibility.
⑦ Seller members must receive the product returned by the buyer, and when the buyer sends the product directly to the company due to reasons such as loss of contact with the seller member, the company notifies the seller member to receive the product or expresses no special intention within 2 weeks. In the case of a loss of contact from a seller member, the company may apply a penalty to the seller member. Refer to Article 16, paragraph (2) of this terms and conditions.
Article 9 (Calculation of Sales price) -> Related COD(Cash On Delivery) provisions are needed.
① When the buyer clicks on the purchase confirmation on the service screen or automatically purchases it, the company remits the remaining amount to the seller, deducting service usage fees, unpaid payments and other debts to the company, refunds and cancellations from the settlement amount at the end of the following month. However, when the buyer pays with a credit card, the company may withhold the remittance for up to 60days to confirm the details of a transaction suspected of false transactions only to use the credit card payment system. In this case, if the seller member provides the company with evidence of the transaction facts related to the sale of goods, the company shall check it and remit the money. If any suspicious circumstances are found in relation to the credit card payment system, the company will inform the seller member immediately upon recognition, and the seller member may be excluded from the sales withdrawal or settlement amount if he/she fails to submit evidential documents on the sale of goods.
② If the buyer does not express his intention to confirm, exchange, or return the purchase within the 14-day purchase confirmation period, it will be treated as an automatic purchase confirmation on the next business day.
③ The company notifies the seller member of the sales amount, additional settlement amount, deduction amount, and settlement amount through Shop Admin on the middle of every month (15th).
④ The company operates a payment price protection service to protect consumers, and if there is no request such as exchange, return, or cancellation of the buyer within 14 days of delivery, the amount protected as the payment amount is paid in the following month’s settlement. In principle, if there is a request for exchange, return, or cancellation by the buyer after 14 days of delivery (the date of purchase confirmation), the seller shall bear the shipping cost, and the seller shall bear the cost of exchange and cancellation at this time.
⑤ The company shall implement Article 9 paragraph (3) of this agreement, and the seller member shall submit and register the tax invoice and documents requested by the company within a week after being notified of the statement of settlement. If the tax invoice is not entered or submitted, the settlement details will be carried forward to next month. The company can check the tax invoice and request additional documents, and pay the settlement on the last day of each month. The settlement takes about 2 to 3 business days to be actually cased in. Seller members can contact the ALISEON Customer Center, e-mail, or message within ALISEON if they have any questions about the settlement amount. (Details of the inquiry can be found in the seller member training materials).
⑥ Seller members must specify a remittance method when indicating the shipment of goods. In principle, when an account deposit is selected by the remittance method, the depositor of the deposit account designated by the seller member is the same person as the seller member.
⑦ In principle, the payment of the settlement amount shall be made at the end of the following month.
Article 10 (Pending settlement)
① The company may deduct expenses incurred by the seller member at the time of settlement of the sales price, and after the end of the use contract with the seller member, it may deposit 30% of the sales price for 3monts from the end of the use contract and use it to pay related expenses.
② The company may terminate the order process by considering the long-term delivery delay as the delivery completed, but the settlement of the sales price may be reserved for 3months in preparation for the buyer’s request for a refund in the future.
③ If the court decides on the seizure, and the collection order of the sales price for the matters requested by the seller member’s creditor, the company may suspend the settlement of the sales price until the decision is lifted due to an agreement between the seller member and the creditor or repayment of the debt. In addition, the company may terminate the contract with the seller member for this reason. Refer to Article 16 paragraph (2) and Article 16 paragraph (5) of this agreement.
④ In addition to the provisions of this Article, if there are provisions of the Act or reasonable reasons (if there is a request for a refund, such as fraudulent transactions, court, investigative agency, financial institution, etc.), the company may notify the seller member and suspend or offset all or part of the sales price for a certain period of time. For this reason, the company may take measures such as granting penalties to seller members, suspending the use of accounts, deleting accounts, and terminating contracts with seller members. Refer to Article 16 paragraph (2) and Article 16 paragraph (5) of this agreement.
⑤ The company shall report to UAE judicial authorities if there is circumstances in which a seller member suspects a transaction corresponding to a serious crime or criminal act, and if the sales amount is deemed to be criminal proceeds, report it to UAE’s competent investigative agency, and withhold settlement until the following period.
1. Where a seller member is not prosecuted for a reported specific crime: until the investigation is terminated.
2. Where a seller member is charged with a reported specific crime: until the judgment of the relevant trial is finalized.
⑥ In the event of damage or damage to the company pursuant Article 10 paragraph (5) of this agreement, the seller member shall compensate for civil and criminal liability, punishment, and damages. Refer to Article 16 paragraph (5) of these terms and conditions.
Article 11 (Protection of personal information)
① Seller members cannot use other people’s personal information (purchasing members, etc) obtained from using sales services for any purpose other than those specified in these terms and conditions, and if they violate them, they must be exempted from civil and criminal liability.
② In order to protect personal information, the company shall take measures not to disclose the personal information of the purchasing member disclosed to the seller member for the purpose of delivery, etc., 1 year after the last purchase.
③ Even though the company paid considerable attention to protecting personal information, when a particular seller member leaks or misappropriated the personal information of another person in violation of paragraph 1 of this Article, the company shall not be liable for it, and the full responsibility lies with the seller member in violation of paragraph 1 of this Article. In the event of damage or damage caused by this, the company may request compensation from the seller member. Refer to Article 13 paragraph (2) and Article 16 paragraph (5) of these terms and conditions.
④ The company may submit the relevant data when an investigator, related station office, etc. requests the company to provide information on seller members in accordance with the legal procedures prescribed by related UAE laws.
⑤ If a seller member commits an illegal act or is suspected of illegal activities due to a report or filing a lawsuit by a buyer or a third party, the company may submit relevant data to the investigator’s office, court, etc. to cooperate, and the seller member agrees.
⑥ Seller members may retain personal information (purchasing members, etc.) provided by the company for delivery, CS, etc. for up to 1 year after the buyer’s last purchase, and shall be destroyed immediately at the end of the period. In addition, if a request for destruction is received directly from the subject of the provided personal information (purchasing member, etc.), it must be responded to.
⑦ Seller members shall take technical and administrative protective measures to protect personal information (purchase members, etc.) provided by the company in accordance with relevant laws and the notice of the Communications Commision.
+Additional requirements: Policies and usage plans related to advertising and ALISEON cash.
Article 12 (Terms of contract and termination)
① In the case of the initial contract, the period of the use contract is 6months from the date the seller member agrees to the terms and conditions, and 12months at the time of renewal of the contract. Unless an objection is expressed in writing 1month prior to the expiration of the period between the parties or a request for amendment or change of the contract is made, it shall be automatically renewed. In the case of amendment or change to the contract, the contract is proceeded through the agreement of the parties.
② When any of the following reasons arise to either party, the other party may immediately terminate, sanction, or grant penalties by notifying the termination without a separate notice of termination.
1. In a case where it is not corrected within 7 days after receiving a request for correction from the other party in violation of the obligations of the use contract (including purchase terms and conditions, electronic financial transaction terms, personal information processing policy, etc.).
2. Where the contract of use cannot be further fulfilled due to suspension of transactions, commencement of rehabilitation and bankruptcy procedures, suspension and cancellation of business, preservation of major assets, business transfer, and merger, etc.
3. In the case where the company suffers tangible and intangible damages, such as defamation, due to violation of laws or reasons responsible for seller members, etc.
4. In the case where an objection is raised from the buyer from more than 20% of the 3 month transactions due to the responsible reasons of the seller member.
5. In the case of causing confusion and dissatisfaction to consumers by incorrectly stating or not stating important information about the product sold.
6. Where there is no product registration, sales activity, or sales record for 3months after registration as a seller member.
7. In the case of other acts falling under the violation of the company’s rules of use of safe transactions.
③ Seller members may terminate the contract of use at any time by notifying the company of their intention to terminate it. However, the intention to terminate must be notified to the company 1 month before the actual termination date, and the reason must be specified for the development of the company’s services in the future.
④ If inventory of settlement remains even after the termination or expiration of this Convention, the seller member shall not return or retrieve any items indicated on the ALISEON app, web, or OTT. Upon termination or expiration of this Convention, the terms and conditio shall continue to regulate until such products are sold, returned or out of stock so that there is no inventory of the products purchased for e-commerce prior to termination.
⑤ Until the use contract is terminated, seller members must take necessary measures for delivery, exchange, and refund of unfinished orders, and seller members’ responsibility for products already sold before termination and related provisions remain in effect.
Article 13 (Compensation for damages)
① If damage occurs to the other party in connection with the performance of this contract due to responsible reasons of the employee, agent, or other contract or delegation of either party, the other party is responsible for compensating the other party.
② If a seller member violates the use contract and causes tangible and intangible damage to the company, such as loss of the company’s external image, the seller member shall compensate the company for the damage.
③ If a seller member is accused of violating these terms and conditions or illegal activities by UAE law enforcement authorities, the company imposes a penalty of 30% of the total sales amount incurred during the sales period.
Article 14 (Company’s immunity)
① The company only provides a website-based transaction system, and the seller member is responsible for the products, services, and information registered by the seller member. In addition, when a dispute arises in a transaction between a seller member and a buyer, the company does not intervene in the dispute, and the seller member bears all responsibility for the outcome of the dispute. In this regard, if the company compensates a third party for damages or spends other expenses, the company may claim the right to indemnity from the seller member. However, the company may intervene in the dispute through a dispute mediation center (including a customer center) established/operated by the company for reasonable and smooth mediation of disputes, and seller members must respect the dispute mediation center’s decision as much as possible in accordance with the principle of good faith.
② The company may delete or modify information on the product and service, etc.upon legitimate request from the right holder of the user UAE authorities, and the seller member may not claim compensation from the company.
③ The company may provide the buyer with a way to view the information of the seller member pursuant to the UAE E-commerce Act, and the seller member is liable for all responsibilities arising from not entering the information or falsely listing it.
④ The company may temporarily suspend the provision of sales services in the event of reasons such as repair, inspection, replacement, and failure of communication facilities such as computers, and shall not be liable unless intentional or gross negligence occurs.
⑤ In cases where services cannot be provided due to natural disasters, wars, riots, economic sanctions, or other irresistible forces, the company may restrict or temporarily suspend the provision of services, and shall not be liable for damages and damages incurred in this regard.
Article 15 (Prohibited Goods and Acts)
① The company prohibits the registration and sale of non-conforming products prescribed in each of the following subparagraphs, and all responsibilities for registering and selling such products shall be borne by the seller member who registered and sold the product.
1. Products advertised by false or exaggerated or deceiving the buyer.
2. Products that infringe on the rights of others, such as intellectual property rights and trademark rights (illegally copied videos, albums, games, counterfeit and counterfeit goods, etc.)
3. Products prohibited from distribution and sale under the law (staff, lost goods acquired, securities prohibited from selling telecommunications, products related to terminal subsidies, cigarettes, glasses and sunglasses with prescription, contact lenses, military supplies, medicines, living animals, etc. However, excluding cases where telecommunication sales are permitted under the UAE e-commerce law)
4. Products that have not passed the government’s inspection, examination, deliberation, and legal certification (electric goods, industrial products, children’s goods, chemical products, etc.) necessary for distribution and sales or have no certification mark.
5. Products that violate other relevant laws or are prohibited from being sold by the company for reasonable reasons.
② The company prohibits the sale of the following products and acts that interfere with the normal business activities of other seller members, and in the event of violating this provision, the company may take measures against seller members, such as granting penalties, suspension of accounts, and withdrawal. Refer to Article 16 paragraph (5) of these terms and conditions.
1. Products that are not actually sold (such as those registered for test purposes)
2. Products registered in categories that are not actually applicable due to intentional violation of policies, such as registering overseas shipments in domestic categories.
3. Duplicate products registered in multiple identical or similar sales conditions in the same category or adjacent category (including cases considered the same product).
4. Products registered by stating brand names, product names, and popular keywords unrelated to the product sold in order to expand search exposure.
5. Products that do not have actual inventory and have falsely registered inventory (in cases where prices are arbitrarily changed to maintain product registration, etc., or re-ordered to another seller who has inventory when a purchase application is received)
6. Products suspected of counterfeit or false inventory because the selling price of the goods is too low or higher than the usual transaction price on the market.
7. Selling or inducing products directly to the buyer without going through the website.
8. The act of inducing the issuance of ALISSEON’s discount coupon by arbitrarily registering the lowest price in other open markets or Internet shipping malls, etc., and then selling it on the condition that the buyer applies the coupon.
9. Purchasing using the name or account of a third party to increase sales scores and advertising effects or to obtain unfair discounts without purchasing the product of the seller member or moving the actual product.
10. The act of not sending the goods or entering the number of the waybill for the goods not sent by the scheduled date of shipment for each product sold by the seller member (the act of using the invoice) and equivalent thereto.
11. False registration of information such as contact information, address, etc. or avoiding legitimate contact with the company or buyer, and making unfaithful or inaccurate answers.
12. The act of requesting or urging the buyer to cancel for the purpose of avoiding the application of laws or company policies even though the seller member cancels the order for reasons he/she is responsible for.
13. Refusing to submit answers and evidence due to failure to cooperate with the company’s monitoring work prescribed in Article 17 paragraph (1)
14. The act of unfairly copying and selling products registered with trademarks of other seller members.
15. Any other product exposed by abnormal means and any act of taking unfair advantage.
③ Seller members shall not directly or indirectly engage in unfair practices that interfere with the company’s management or business activities, or cause a third party to do so. In particular, seller members shall not directly or in cooperation with a third party competing with the company or the website (hereinafter collectively referred to as ‘competitor’) to engage in unfair acts prohibited by law (obstruction of business activities, etc.). In the event of damage or damage to the company in violation of this provision, the seller member shall compensate for civil and criminal liability and damages. Refer to Article 16 paragraph (6) of this terms and conditions.
Article 16 (Procedures and measures for sanctions)
① The company monitors seller members for violations of laws, conditions, and other prohibited acts, and seller members are obligated to cooperate in the company’s monitoring work, check and answer the company’s requests, and submit minimum necessary evidence.
② If the company determines that a seller member has committed an act prohibited by this agreement, including Article 15 or that he/she has committed an act of prohibiting explanation, correction, warning, restriction, on the use of services (In this case, service fees paid by seller member may not be refunded) or immediately refunded (refund immediately without a seller confirmation procedure when requesting cancellation of the buyer), termination of the contract, and blocking of re-joining platform, and minimizing damage to the company.
③ If the company determines that it is necessary before taking the measures prescribed in paragraph (2), the seller member may proceed with the process of listening to opinions, and the seller member shall explain within 1 business day (provided, if the company agrees to extend the seller member’s calling period).
④ If the seller member proves that he/she has not committed any violation of laws and conditions after the measures prescribed in paragraph (2), or if it is found that there is no violation as a result of listening to the opinions under paragraph (3), the company shall lift and restore the already implemented measures without delay.
⑤ The company may claim the amount of damages of the company incurred by the seller member’s prohibition in these terms and conditions, including laws or Article 15. In particular, when a seller member sells counterfeit goods and causes damage to the buyer, the company may directly pay the buyer the amount equivalent to the damage (purchase price and compensation for the buyer’s mental damage) and any expenses (transportation cost) spent by the company. This regulation cannot be interpreted as denying the company’s immunity stipulated in Article 14.
⑥ In the event that the company stores a product that is inappropriate for sale under Article 15 paragraph (3), the seller member shall take the product out of the company’s storage warehouse at his/her own expense without delay. However, if it is not taken out within 2 weeks, the company may send the product to the address registered by the seller except for reasons such as the National Tax Service or police investigation, and if it cannot be sent or returned due to the seller’s unknown address, the product may be discarded. In this case, the relevant expenses are borne by the relevant seller member.
Article 17 (Compliance with laws and regulations for fair trade)
The company does not engage in unfair trade or unfair joint acts falling under any of the following subparagraphs, and complies with UAE-related laws and regulations.
1. The act of forcing a seller member to trade by presenting disadvantages such as unfair conditions in light of normal transaction practices.
2. Unfair acts such as collusion with a third company competing with the company in relation to the determination of service usage fees and sales promotion service usage fees.
3. Acts that penalize, such as prohibiting or unreasonably forcing transactions with a third company in competition with the company.
Article 18 (Keeping Secret)
① Each party shall not disclose confidential information, such as buyer information, technical information, production and sales plans, and know-how acquired from the other party, except as required by law, and shall not be used for purposes other than the performance of the contract.
② The obligation under paragraph (1) persists even after the termination of the use contract.
Article 19 (Court of competent jurisdiction)
When a lawsuit is filed due to a dispute between the company and the seller member regarding the use contract, the UAE judicial authorities shall be determined by the competent court.
Article 20 (Supplementary Provisions)
① Seller members shall immediately notify the company of the relevant information if there is a change in their address or bank account for payment, and the company shall not be liable for damages caused by delay in notification.
② Each party may not transfer or dispose of the rights and obligations under the use contract to a third party without the other party’s written consent.
③ In relation to these terms and conditions, the company’s notice to seller members through the website or Shop Admin shall also constitute part of the contract of use according to the company’s policy changes, laws and amendments, or public institutions.
④ Matters not prescribed in these terms and conditions, usage policy, and individual terms and conditions shall follow purchase terms and conditions, and matters not prescribed in purchase terms and conditions shall be governed by relevant laws and regulations.
■ Supplementary rules
Article 1 (Enforcement Date)
These terms and conditions shall take effect from 202X. XX.XX