Terms of Service for Sellers

Last Updated October 2017

Thank you for choosing Rubys, Inc. (“Company” or “We”) for your business. 

 

Online Marketplace or Platform.  The Company provides an online platform where Sellers may offer and sell beauty products (“Sellers”) to the consuming public (“Buyers”) on our websites located at https://shopify.webkul.com/multivendor/?sid=6225 and www.hellobeni.com (collectively referred to herein as the “Website”). The Company refers to the online platform and Website herein collectively as the “Services.”

 

Legal Agreements to Which You are Bound.  Buyers and Sellers of products on the Website are bound to the Website Terms of Service (“Agreement”).  Additionally, Sellers of products on our Website are bound by this Terms of Service for Sellers.  This Terms of Service for Sellers supplements the Agreement and, except as set forth herein, no other modifications, express or implied, are deemed to be made to the Agreement.

 

Transparency. One of the Company's core values is transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.

 

By Selling on our Website, you agree that you will:

 

(a) Provide honest, accurate information in your My Store page;

(b) Honor your Store Policies, should you choose to publish them; and

(c) Offer free shipping to Buyers at your cost.

 

Listing Description. By listing an item on the Website, you warrant that you and all aspects of the item comply with the requirements listed herein. You also warrant that you may legally sell the item.

 

You must accurately describe your item and all terms of sale in your Company store. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags.

 

Each listing must accurately and completely describe the item/items for sale in that listing and any graphics or pictures of the item/items for sale must be an accurate representation. If the "in stock" quantity is more than one, all items in that listing must be identical.

 

Sellers agree to report and remit any applicable state or local sales, use, or other transactional tax imposed upon the sale of the product by Sellers made through the Company's website. Sellers agree to indemnify and hold Company harmless for the reporting and remitting of any such taxes.

 

Store Policies. All Sellers are urged to outline store policies for their Company store. These policies may include, for example, shipping, returns and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All store policies must comply with the Company's site-wide policies. Sellers are responsible for enforcing their own reasonable store policies. Company reserves the right to request that a Seller modify a store policy.

 

Binding Sale. All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner.

 

Fee Avoidance. Any action by a Seller to avoid paying a fee or commission is considered fee avoidance and is strictly prohibited by Company. This includes, for example, encouraging Buyers to purchase an item in your Company Store through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item's price after a sale for the purpose of avoiding Company transaction fees, misrepresent the item's location, or use another user's account without permission.

 

What May and Must Not be Sold on Company’s Website. The Company’s marketplace is a marketplace for beauty products. To ensure that Buyers are able to buy with confidence from all Sellers on Company, we have Seller and Product requirements in these categories.

 

The requirements for selling in these categories reflect Buyer concerns about product quality, product branding, and consumer safety. Sellers must meet the requirements listed herein in order to sell products on Company.

 

Account Transfer. You may not transfer or sell your Company Seller account and username to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

 

Seller Requirements.  You agree to the following terms in exchange for selling products on our Website:

 

(a) You must and be pre-approved by the Company as a Seller;

(b) You must provide us with acceptable documentation and other information we request about the products you intend to sell;

(c) You are not required to have your own company website, but if you have one, you may provide a link to us to review during the application process;

(d) Sellers are expected to be self-serve and drop-ship orders themselves;

(e) Sellers are responsible for registering with the appropriate taxing authority to report and remit any sales, use or other transactional taxes resulting from sales of products on the Company website, where applicable.

(f) Sellers must provide and maintain a valid Stripe or other payment systems processor account approved by Company. You must agree to the Stripe Connect Account Agreement or the terms of another payment systems account which has been approved by Company.

(g) If you sell outside the United States, you are responsible for complying with local laws and regulations.

 

Product Sale Requirements. All products must be sold in new condition. Prescription products, pharmaceuticals, and pseudo pharmaceuticals must not be sold on the Company’s Website. Used, opened, or expired products must not be sold on the Company’s Website.

 

We reserve the right to remove products that we determine are not within the spirit of Company. Such products will be removed from the site, and the Seller's selling privileges may be suspended and/or terminated, in our sole discretion.

 

Sale and Fulfillment. As a Seller, you agree that you will:

 

(a) source, offer, sell and fulfill your Products, in accordance with the terms of the applicable Order Information at the time of the order and be solely responsible for and bear all risk for those activities;

(b) package each of your products in a commercially reasonable manner, complying with all applicable packaging and labeling requirements, and ship each of your products on or before its Expected Ship Date;

(c) retrieve Order Information at least once each business day;

(d) only cancel Your Transactions as permitted pursuant to your posted terms and conditions;

(e) fulfill your products throughout the Elected Country (except to the extent prohibited by Law or this Agreement);

(f) provide to the Company any information regarding fulfillment and order status and tracking receipts (to the extent available), as requested by us using the processes designated by us, and allow us to make any of this information publicly available;

(g) ensure that you are the rightful owner of and have authority to sell each of your products;

(h) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of your products;

(i) identify yourself as the Seller of each of your products on all packing slips or other information included or provided in connection with your products and identify yourself as the person or entity to which a Buyer may return the applicable product;

( j) send Buyers emails confirming orders or fulfillment of your products;

(k) register for sales and use tax permits with the taxing authorities, where applicable.

 

Returns. All products you sell on our Website shall be eligible to be returned by Buyer(s) within thirty (30) days of purchase. Depending on the reason for the return, you may choose to refund the Buyer for the product and shipping. You may also choose whether to accept the product to be shipped to you. You will route all refunds to Buyers in connection with your transactions through Company.

 

We will provide those payments to the Buyer (which may be in the same payment form originally used to purchase Your Product or as otherwise determined by us).

 

You will promptly provide refunds and adjustments that you are obligated to provide.

 

Cancellations. If you are unable to complete a transaction, you must notify the Buyer and cancel the transaction. If the Buyer already submitted payment, you must issue a full refund to both the Buyer. You are encouraged to keep proof of any refunds in the event a dispute arises.

 

You may cancel a transaction under the following circumstances:

 

(a) The Buyer did not pay. (The Seller may flag a Buyer for a payment not received,

chargeback, or canceled payment.)

(b) Both you and the Buyer agree to cancel the transaction prior to shipment, and you have

issued the Buyer a full refund.

(c) You have decided to refuse service to the Buyer, and if the Buyer has already paid, you

have issued a full refund, including shipping.

(d) The Buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item.

(e) Both you and the Buyer agreed that the Buyer could return the item for a refund, you have received the returned item and issued a refund to the Buyer for the item.

 

Providing Great Buyer Service. We expect our Sellers to provide a high level of Buyer service. By selling on the Company’s Website, you agree to:

 

(a) Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a Buyer in a prompt manner, unless there is an exceptional circumstance. These requirements are detailed in our Shipping Policy.

(b) Respond to Chats and Messages in a timely manner.

(c) Honor the commitments you make in your store policies.

(d) Resolve disagreements or disputes directly with the Buyer.

(e) If you are unable to complete an order, you must notify the Buyer and cancel the order.

 

Building a Positive Reputation Through our Reviews System. Reviews are a great way for you to build a reputation on Company. Buyers can leave a review, including a one to five star.

 

You can respond to reviews, however they may not:

 

(a) Contain private information;

(b) Contain obscene, racist, or harassing language or imagery;

(c) Contain medical or drug claims or information;

(d) Contain advertising or spam;

(e) Be about things outside the Seller's control, such as a shipping carrier, Company or a third

party; or

(f) Undermine the integrity of the Reviews system.

 

Extortion. Extortion is not allowed by the Company. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited by the Company. Extortion includes an instance when a Seller offers a Buyer additional goods, services, or compensation in exchange for a positive review.

 

Fees and Billing. Joining and setting up a store on Company is free. The Company does not charge fees for listing an item for sale. The Company may, at the Company's sole discretion, change some or all of the Company's services at any time. In the event Company introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

 

When you make a sale through the Company’s checkout system, you will be charged our current transaction fee which, at this time, is 8% of the item price.  Please note, this Terms of Service for Sellers is updated periodically and the current transaction fee may change over time.  We will update you via email if upon changing the transaction fee.  If you continue to use our Services thereafter, you agree to the new transaction fee. 

 

Transaction fees will be deducted from the final proceeds of the sales. The payment gateway fee and payment processing fee are Seller’s burden and are not included in Company Transaction Fees. The remaining portion will remain at your Stripe account.

 

In certain situations, including but not limited to a void or invalid transaction, Company may issue a credit for the applicable fees to a Seller's billing statement.

 

You are responsible for paying all fees and applicable taxes associated with using and selling on Company.

 

When you make a sale through a link provided by you based on a third party Affiliate Program, the commission fees are complied with the Affiliate Program and Company Transaction Fees doesn’t apply.

 

Price. All list prices should be inclusive of shipping price and everything must appear as Free Shipping to the Buyers. The Company will pay Sellers based on the price and shipping costs that they list for their products.

 

Seller's transactions may be eligible for payment after the product is shipped. Transactions that cannot be confirmed as shipped may be ineligible for payment.

 

Proceeds received by Sellers are net of:

 

(a) Company Transaction fee; and

(b) any other applicable fees described in this Agreement.

 

If a Seller refunds money to its Buyer(s), the refund is routed through Company and will be refunded to the Buyer.

 

Payments.  You will be required to have a Stripe account. Sellers will be paid upon confirmation of Order shipment. Payments will be transferred immediately to Sellers' Stripe account. Sellers will be able to draw from their Stripe account immediately. the Company's Transaction fee will be automatically deducted from the sale price.

 

For any amounts you owe us, we may:

 

(a) charge Your Credit Card or any other payment instrument you provide to us;

(b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against

any payments we may make to you;

(c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon

receipt;

(d) reverse any credits to Your Bank Account; or

(e) collect payment or reimbursement from you by any other lawful means.

 

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, or other risks, then we may, in our sole discretion, withhold any payments to you until the completion of any related investigation. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, then we may, in our sole discretion, terminate your account and permanently withhold any payments.

 

Taxes. Sellers are responsible for reporting and remitting any applicable taxes (including sales, use, and other transactional taxes) associated with product sales made through the Company's website.

 

Termination of Rights. The Company may terminate your right to be a Seller at any time, with or without cause, by giving you notice of termination. Seller may terminate your use of the Service anytime by notifying us beforehand. Upon termination of your account, your right to use the Service, access your account, and any content will immediately cease.  The other provisions regarding termination as stated in the Agreement, also apply and are fully incorporated herein by reference.

 

The Company's Community. The Company reserves the right to own and hold all history of Conversations and User information on the Website.

 

Third-Party Services.  We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

 

We partner with Stripe and other licensed payment processors to facilitate card payments and other payments and the disbursement of funds to Sellers.

 

The provider and processing time for your payment will vary based on the country in which you're located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, we reserve the right to contact you directly and to seek payment. We may share your personal or transactional information with those third-party service providers when it's necessary to process payments.

 

We also have engaged third-party service providers to perform many of the services related to ecommerce solution applications. By using a third-party service, you may also be subject to an agreement with the third-party. For example, Stripe is a third-party service and is subject to the Stripe User Agreement. If we receive notice that your shop's content or activity violates a third party's service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending your selling privileges, or removing certain payment methods.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE FOR SELLERS, INCLUDING THE COMPANY'S WEBSITE TERMS OF SERVICE PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE SELLER’S TERMS OF SERVICE AND THE COMPANY’S OTHER AGREEMENTS, AS INCORPORATED HEREIN.

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