GUAVA AFRICAN FASHION MARKETPLACE VENDOR TERMS & CONDITIONS
THANK YOU FOR SELLING @ GUAVA
The Site is operated by Guava online merchant solutions VOF, (referred to herein as “Guava”, “guava.shopping”, “our,” “we” or “us”). These Marketplace Vendor Terms & Conditions (“Terms & Conditions”) are entered into by you and Guava. For purposes of these Terms & Conditions, the words “you,” “vendor” and “user” are used herein to refer to you and include you and any other person or entity on whose behalf you may be acting. Moreover, for purposes of these Terms & Conditions, the terms “product” or “products” or “item” or “items” respectively mean “good” or “goods.” We reserve the right to make changes to these Terms & Conditions at any time. Changes to these Terms & Conditions are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your Terms & Conditions to the new vendor Terms & Conditions. It is your responsibility to review the changes and decide if you want to continue to use our marketplace.
Guava is a platform geared toward enabling African-inspired fashion and lifestyle brands to reach a broader audience and sell their products online. As such, you may not establish an account with us or use our Site for the purpose of selling products sourced from a multi-level marketing company, a network marketing company, an affiliate marketer, or any company that uses direct selling, referral marketing, or pyramid selling.
Eligibility Requirements: You may establish an account with us and use our Site if you are an individual who is 18 years of age or older and can form legally binding contracts under applicable law. To list items for sale you must supply your name, address, phone number, email address, PayPal account information for payment and agree to the marketplace Terms & Conditions.
ESTABLISHING AN ACCOUNT
You must login with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the Guava Marketplace. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. Your Account is non-transferable and non-assignable.
USERNAME & PASSWORD
During registration, you will be asked to either create a username and password or login. Your username must be an email address and your password should be unique and you are solely responsible for maintaining the confidentiality of such password. If you forget your password, Guava will send you a unique link to your email address and which will allow you to change your password.
PayPal: By providing a PayPal account you are authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the PayPal account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.
In order to complete your registration with Guava you must acknowledge and agree to all of the terms and conditions in this Terms & Conditions.
Guava does not charge users for accessing or browsing the Site. However, when you establish an account with Guava as a vendor, you will be charged a monthly fee. Guava directly processes all orders placed by Buyers (PayPal or Credit Card) through our shopping cart system. In addition to the monthly fee, Guava charges a fee if you have a successful sale of your listed item(s). We later transfer the total amount earned by your sales minus our fees via PayPal.
Account setup fee
Commission per order
€ 20 ** Free till July 1st 2018 **
Note: The fees listed are excluding VAT and are non refundable.
The commission amount will automatically be deducted from the earnings you receive from a sale. Guava may amend its fees and billing policy at any time. Guava will provide you with notice of changes to its fees and billing policy via email and such changes will become effective 7 business days from the date the email is sent. By listing an item for sale in our marketplace, you agree to pay the applicable fees in Euro’s. All fees are payable upon demand via your PayPal account or Credit card. By listing an item for sale on the Site, you authorize Guava to debit your PayPal account for amounts due. If at the time billing is processed there are insufficient funds in your Paypal account or your account(s) is closed, we may choose to either reprocess billing for your account or suspend your use of your account with Guava until we receive full payment for monies due all services offered in connection with that account.
All messages from Guava should be replied to within 48hrs. You are also required to notify Guava when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question alerting them of an order staus update, or responding to a complaint.
All orders should be shipped to customers within 5 days. If you require additional time to produce and ship the order, you must communicate with Guava in advance. Unless communicated in advance, failure to provide shipment notification within 5 days of order date may cause your transaction and any associated payment to be canceled at our sole discretion. As part of the Terms & Conditions, it is your responsibility to deliver the items contained within an order to the buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking.
Any orders MUST include tracking or delivery confirmation for your own protection.
You may also choose to add insurance for your protection.
The vendor cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of vendors may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Guava. Guava reserves the right to refuse service to anyone at any time for any reason. Guava determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace. vendors are required to sell items at the price they listed to customers that meet the vendor’s terms. By listing an item in our marketplace, you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Vendors are not allowed to drop ship or sell items they do not physically possess. Failure to ship by the provided date or follow the Shipping Policy may be grounds for suspension or termination of your Account. You shall not use the Site for any illegal or unauthorized purpose what so ever, and you shall not violate any laws federal, state/provincial or local laws.
After a Completed Sale occurs, Guava credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your account will be automatically transferred to your designated PayPal account 30 business days after an order has been delivered. To receive funds, you must provide PayPal account information. As a security measure, Guava may impose transaction limits on some or all vendors relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Guava will not be liable to the vendor: (1) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (2) if we permit a buyer to withdraw from a transaction because of issues involving the Account.
It is the vendor’s responsibility to collect and remit any taxes associated with a transaction. Guava may provide tools that allow a user to charge sales tax on transactions, but Guava will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Guava is not responsible for determining when tax should be charged.
For all of your products you will accept and process returns, refunds and adjustments in accordance with these Terms & Conditions and the Guava Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You will promptly provide refunds and adjustments that you are obligated to provide by law, and in no case later than thirty (30) days after the obligation arises.
Items ordered via Guava.shopping can be returned or exchanged within 14 days after purchase. Upon receipt of the returned package, we will refund the purchased price within 30 days to the customer, only if the articles are still in the original packaging, bearing the price tag, unworn and undamaged. Accessories can not be returned or exchanged.
You may terminate participation in our marketplace at any time by written notice to Guava. Guava reserves the right to terminate a vendor’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to the vendor. Guava reserves the right to monitor user accounts to determine if policies or laws are being broken. Guava reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, vendor must pay Guava any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled. Guava reserves the right, upon termination, to offset against any payments to be made to vendor, an amount determined by Guava to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from vendor's account for a prospective three-month period.
The Guava marketplace is provided as is and without warranty. Guava makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. Guava will not be liable for any loss due to our marketplace not being available. Guava will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
Guava will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our marketplace, and the vendor will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. Guava reserves the right to seek reimbursement from the vendor if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the vendor cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer's credit card issuer for the amount of the buyer's purchase from the vendor. Guava may obtain reimbursement of any amounts owed by the vendor to Guava by deducting from future payments owed to the vendor, reversing any credits to the account, debiting the vendor’s PayPal account, charging the vendor's credit card, or seeking such reimbursement from the vendor by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or PayPal account.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Guava and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (1) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace Terms & Conditions; or (2) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
GUAVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS Terms & Conditions, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Any claim against Guava in relation to our marketplace shall be adjudicated in a court in Amsterdam, the Netherlands and you agree to exclusive jurisdiction of these courts. This Terms & Conditions shall be governed by Dutch law, without regard to conflict of laws principles thereof.
After you establish an account with us, you will have the ability to create an online storefront on the Site. You are responsible for customization of your online storefront including, without limitation, inputting or uploading text, pictures, logos, images, video, audio, graphics, pricing, terms and conditions of your offers for sale, all other information related to you, your online storefront, business, and products (collectively, “Your Content”). In the product description, you are restricted from directing customers to a site outside of Guava.shopping. All uploaded images must meet Guava’s Image Guidelines. We do not claim any ownership rights in or to your content; however, by inputting or uploading your content onto the Site and agreeing to the vendor Terms & Conditions, you give Guava a nonexclusive, perpetual, worldwide, irrevocable, sub-licensable, royalty-free license to use your content in connection with the marketplace and the Site. In addition, you give Guava the right to publish, display, copyright, distribute, catalog, organize in a database or directory in any form or media, and to any other rights you have in your content that may be necessary.
Any use of Guava's visuals, pictures, logos, images, video, audio, graphics for your own commercial or promotional purposes without Guava's express written consent is prohibited. We do offer options if you want to use our materials for your brand. Contact us.
If any section of this Terms & Conditions is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the Terms & Conditions will remain in force. Failure to enforce any section of this Terms & Conditions by Guava does not constitute a waiver of Guava’s right to enforce such section or any other section in the future.
Last updated September 17, 2017