General Terms and Conditions
1.1. These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.
1.2. By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.
1.3 You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
1.4. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.
1.5. You represent and warrant that all information provided in the registration form is complete and accurate.
1.6. If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:
1.7. keep your password confidential;
1.7.1. notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and
1.7.2. be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
1.8. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
1.9. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
2.0. You acknowledge and agree that:
2.0.1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
2.0.2. we shall accept binding sales, on behalf of sellers, but Cheapero is not a party to the transaction between the seller and the buyer; and
2.0.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
2.0.4. the price for a product will be as stated in the relevant product listing;
2.0.5. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
2.0.6. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
2.0.7. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
Seller Terms and Conditions
- Introduction
1.1. These seller terms and conditions shall apply to all sellers on the marketplace, together with our general terms and conditions of the use of marketplace.
1.2. If you register with our marketplace as a seller:
1.2.1. you accept these seller terms and conditions, the general terms and conditions, and the Cheapero codes of conduct, policies and guidelines, and as may be amended by Cheapero from time to time and which form an integral part of the terms upon which you may use the marketplace;
1.2.2. we will ask you to expressly agree to these seller terms and conditions; the general terms and conditions; and the Cheapero codes of conduct polices and guidelines, by clicking to confirm that you agree (and such electronic signature shall be considered as an original signature for all purposes); and/or by physical signature, if required by the laws of the territory.
- Seller stores
2.1. If you register with our marketplace as a seller you will be able to create a store on the marketplace.
2.2. Seller stores that are submitted may be reviewed for approval, at Cheapero’s discretion, before they are operational.
2.3. You shall be solely responsible for your store, listings and products and you hereby agree that:
2.3.1. you shall obtain any licenses required for sale of your products on the marketplace; and
2.3.2. to the extent required by applicable law, you shall register with relevant tax authorities and pay all relevant taxes in relation to your product sales.
2.4. You shall conduct your business on the marketplace:
2.4.1. with skill and care, and by co-operating with and acting in good faith towards Cheapero and the buyers;
2.4.2. in accordance with ethical business practices and industry best practice; and
2.5. Without prejudice to our other rights, we reserve the right to reject, unpublish and/or delete any seller store that breaches these seller terms and conditions, the general terms and conditions, or any Cheapero codes, policies and guidelines.
- Product listings
3.1. You shall be responsible for listing your products on the marketplace by uploading on the vendor dashboard which shall include prices, detailed information, specifications and images in respect of each product.
3.2. You may not publish more than one listing in respect of each product.
3.3. You agree to be solely responsible for all listings submitted to our marketplace and you agree that all listings must:
3.3.1. comply with the rules on content in the general terms and conditions and further particularised in the Content and Image Guidelines; and
3.3.2. include all such information, specifications and guidelines as may be required pursuant to all applicable laws and regulations, including in respect of consumer protection.
3.4. Listings that are submitted may be individually reviewed and approved, at Cheapero’s discretion, before they are published on the marketplace, and you acknowledge and agree there may be a lead time between submission of the product page to the vendor account and the publishing of the Product page on the marketplace due to time required for Cheapero’s quality control operations.
3.5. Without prejudice to our other rights, we reserve the right to reject, unpublish and/or delete any listings that breach these seller terms and conditions, the general terms and conditions or any Cheapero’s codes, policies or guidelines.
3.6. You acknowledge and agree that:
3.6.1. notwithstanding that we may approve any listings, you shall be fully responsible for the same; and
3.7. You must keep your listings up to date. In particular, you must deactivate any listings in respect of products that have ceased to be available.
- The products
4.1. The only products that may be the subject of a listing on our marketplace are products falling within the product categories specified on the marketplace.
4.2. You must not advertise, buy, sell or supply through our marketplace any product that:
4.2.1. breaches any laws or regulations, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
4.2.2. consists of or contains material that would, if published on our marketplace by you, contravene the rules on content in the general terms and conditions; or
4.2.3. is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; swords, firearms or other weapons; ammunition for any weapon; or items that are otherwise prohibited pursuant to the Prohibited and Restricted Products Policy, as may be amended from time to time, or any applicable law.
4.3. We operate a zero tolerance approach to counterfeit products and any attempt to sell counterfeit products on the marketplace, or other breach of our Anti-Counterfeit Policy may result in the penalties specified in the Seller Penalty Policy which include financial penalties, permanently prohibiting you from using the marketplace, and potentially in prosecution.
4.4. Promptly, following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to verify the authenticity of products.
- Pricing
5.1. All prices of products shall be stated inclusive of VAT and any other tax applicable to the transaction.
5.2. You shall be solely responsible for setting the price of your products on the marketplace.
5.3. The pricing of your products shall comply with all applicable laws, including competition laws.
- Fulfilment, packaging and delivery
6.1. Upon receipt of a confirmation of sale from Cheapero, you shall:
6.1.1. process the order by packing and labeling the product(s) in accordance with a standard Packaging Guidelines; and
6.1.2. deliver the products to our shipping agents in accordance with the timelines,
6.2. You shall retain title to and ownership of the products until such time as the products are paid for in full by the buyer to Cheapero and delivered to the buyer. Upon delivery to the buyer, ownership of the products shall vest in the buyer.
6.3. You shall bear the risk of loss or damage to the products until delivery to the buyer.
- Commission and fees
7.1. We shall charge you a commission in respect of each sale made on the marketplace and fees in respect of all marketplace services
7.2. In case of promotion funded by Cheapero, commission may be calculated based on the selling price, being the price set by the vendor at the time of the order.
7.3. We reserve the right to charge commissions and/or fees in the event that the sale is not completed, by way of consideration for the costs of our services rendered.
7.4. We may vary commissions and/or fees from time to time, on prior notice to you, this will not affect any liability to pay commission that accrues before the new rates are posted or for services that have been previously paid.
- VAT and other taxes
8.1. All amounts stated on the marketplace are stated inclusive of VAT and any other taxes applicable to the transaction. The seller acknowledges that:
8.1.1. commissions shall be calculated as a percentage of the selling price (being the price set by the vendor at the time of the order) inclusive of VAT and any other taxes charged to the buyer;
8.1.2. commissions are inclusive of VAT and all other taxes thereon; and
8.1.3. in the event of any upwards revision in the rate of VAT or any other applicable taxes, the amount of the commission shall be automatically adjusted by Cheapero. The seller may, in its discretion, revise prices.
8.2. The seller shall be exclusively liable in respect of all taxes applicable to the transactions entered into on the marketplace with buyers, including VAT.
8.3. Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us. We may supply such information and/or documentation to relevant government and tax authorities.
- Remittances
9.1. We shall collect payments from buyers in respect of each product purchased from the marketplace, and we shall deduct from the same our commissions and, as may be applicable, any fees, charges, taxes, penalties, refunds and any other amounts that you owe to us in respect of any business whatsoever.
9.2. We shall remit the proceeds of sale of the products, after all deductions pursuant to the above, and remit the remaining funds to you in the currency of the marketplace territory and using such payment mechanism as we may notify to you from time to time.
9.3. Evidence of payment to your nominated account shall constitute conclusive evidence of payment and receipt.
9.4. You shall be entirely responsible for ensuring that the account details that you upload to the vendor account are accurate and up to date, and that the account is secure. We shall not be liable for any loss or damage to you that may result from fraud or error in respect of your account.
9.5. We shall provide you with an account statement, via the vendor account, which shall include details of all proceeds of sale of the products, deductions and remittances.
9.6. In the event that we hold insufficient funds on your behalf for payment of any amounts that you owe us (your account is in debit):
9.6.1. you shall pay the amounts you owe to us by such payment method as we may request; and
9.6.2. in the event that we hold any of your products that have not been sold or that have been returned, we may dispose of such products and apply all proceeds of sale to discharge any amounts that you owe us.
9.7. We may delay or suspend payment to you in the event of investigation of a potential fraud or other breach of this agreement.
9.8. In the event that the vendor disputes any transaction or statement of account it must report its claim to Cheapero within three (3) months of the date of the relevant transaction, failing which such claim shall be deemed to be waived.
- Breaches of seller terms and conditions
10.1. If we reasonably determine that you have breached these seller terms and conditions, our general terms and conditions, or any Cheapero codes, policies or guidelines, we may:
10.1.1. send you one or more formal warnings;
10.1.2. suspend, prohibit or block your access to our marketplace as provided in the general terms and conditions;
10.1.3. commence legal action against you, whether for breach of contract or otherwise.
10.2. The consequences of breach provided at section 11.1 above shall also apply if:
10.2.1. you fail to satisfy a minimum level of operational performance in order to provide a satisfactory buyer experience on the marketplace; or
10.2.2. if you receive negative ratings and reviews.
- Confidentiality and data privacy
11.1. All information and documents concerning the conduct of business pursuant to these general terms and conditions, including information relating to business methods, procedures, policies and sales information, is strictly confidential unless it is already in the public domain. You shall not use Cheapero’s confidential information for any purpose other than to perform your obligations under this Agreement and you shall not disclose Cheapero’s confidential information without our prior written consent.
11.2. Sellers may not send advertising or promotional communications to buyers on the marketplace without the prior written consent of Cheapero, and shall be directly responsible to marketplace users for any misuse of their personal data.
11.3. If Cheapero is sued, fined, or otherwise incurs expenses as a result of the seller’s handling of personal data obtained through the marketplace, the seller shall indemnify Cheapero in respect of the same.
- Miscellaneous
12.1. These seller terms and conditions are subject to the general terms and conditions and shall be governed by and construed in accordance with the laws of the territory.
12.2. We will ask for your express agreement to any revisions of these seller terms and conditions and the general terms and conditions within such period as we may specify; and if you do not give your express agreement to the revised versions within such period as we may specify, you shall be deemed to have consented. If you expressly reject any such revisions you may be deemed by us to have terminated the agreement and we may disable or delete your account on the marketplace.
12.3. These seller terms and conditions and, the general terms and conditions, and the Cheapero codes of conduct, policies and guidelines shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.
