Seller agreement
Last edited 28.07.22
**1.Definitions** 1.1 Buyer - A company, registered on a Platform
and agreed to these Conditions. 1.2 Seller - Company, registered on
a Platform and signed up for a Sellers Account. During
registration, company agreed to these set of Terms & Conditions
1.3. Platform or Ecom - Ecom.eu website and all services, offered
by Ecom Europe Limited and other Service providers. 1.4. Purchasing
agreement - Agreement that is created between parties once
order has been submitted. 1.5 Order receipt date - Calculated
on the basis of independent data received by Platform from the
courier service, based on the tracking number. In the case of
delivery "Seller’s delivery" - the date of the act of acceptance of
the goods or a receipt to be signed by the Buyer. In the case of an
electronic product with instant delivery, the date of the order.
1.6 Order confirmation date - the time when the user confirmed
receipt of the order by clicking the "Confirm receipt" button or it
was done automatically after 48 hours days after the "order receipt
date" (1.5) 1.7 “The deadline for the fulfilment of return
obligations” is the period during which the Buyer has the right to
return the goods without giving reasons. This period depends on the
conditions for the return of a particular product and is calculated
as follows: Order confirmation date (1.6) + X days of return + 1
day, where X-days of return is the number indicated by the Seller
in the products description. 1.8 The minimum return period -
Period set by Ecom, depending on the country, product type and
category. 1.9 Coupon - A guarantee of a discount in the form
of a % or an amount in EUR, issued by the Seller and applied by the
Buyer during the order process. 1.10 Transaction amount - includes
the cost of the sold goods including VAT if applied, the discount
in the form of a Coupon (1.9) and the cost of delivery. 1.11
Completed transaction - Goods with an expired return obligation.
1.12 Billing report - a list of all payments settlements between
Seller and Ecom, including products, delivery, coupons, fines, not
included fees, for an unsettled period. 1.12 Fees report - a
list of fees for completed transactions for an unsettled
period. 1.13 Billing balance - The amount due, based on the
Billing Report, for which mutual settlements between Ecom and the
Seller occur. 1.14 Bears full responsibility - Seller guarantee of
the repayment of all expenses from the Balance. 1.15 Seller Rating
- Rating evaluating Seller’s service mark set by the Buyer
after Order Confirmation. 1.16 Offer rating - A rating that
assesses the quality of a product or service, set by the Buyer
after Order Confirmation. 1.17. Exemption from liability - the
Seller agrees not to present any financial or legal claims for
resolving conflicts between the Seller and the Buyer within the
scope of the Purchasing agreement 1.18.Pro Seller - Paid service
for the Seller, providing additional features. 1.19 Working hours
of the Seller - the time set by the seller in the settings in the
Seller's panel during which Seller agrees to react on Orders and
Buyers’ requests. 1.20 Business day - Business day in the country
of the Seller. 1.21 Purchase - a product or service in an order.
1.22 Purchase Price - The price of the product or service specified
in the order, before the discount. 1.23 Notification - an
electronic message in the Seller's panel and / or to the Seller's
e-mail. 1.24 Parties - Seller and Ecom 1.2.5 Personal Data - any
collected data, that is connected or identifies a Natural
person, that seller received from the Platform, fulfilling it’s
Purchasing agreement obligations **2.General conditions**
2.1. We provide a venue, tools and services, payment means
forSellers and Buyers to negotiate and complete transactions.
Accordingly, the contract formed at the completion of a sale for
these third party products is solely between Buyer and Seller. We
are not a party to this contract nor assumes any responsibility
arising out of or in connection with it nor is it the seller's
agent. The seller is responsible for the sale of the products and
for dealing with any buyer claims or any other issue arising out of
or in connection with the contract between the buyer and seller.
2.2. The Seller issues an invoice and all necessary warranty
documents for the goods in the name of the Buyer. 2.3. The Seller
guarantees the customer a Minimum Return Period, if indicated
by Ecom, regardless of the basic rights of the Consumer, but may
increase this period in the product settings. 2.4. The seller pays
Platform a commission from each completed transaction. The current
commission is applied at the time the order is created. 2.5 Payment
of the commission is made at the time of the return of the money
according to the Billing report or in a separate fee invoice, by
mutual agreement. **3.Order processing rules** 3.1 After receiving
information about payment for the order, the Seller has 24 hours,
during the Seller's working hours, to confirm the order. 3.2
The Seller has the right to cancel the order before
confirmation. 3.3 If the order is cancelled by the Seller,
the Seller will be charged a commission in the amount of the
commission equals to the charge of the payment company + 3% of the
Transaction Amount. 3.4 In case of cancellation of more than
10 orders per month, the Seller's account may be frozen and the
service contract terminated. **4.Return policy** 4.1 If the buyer
has declared the decision to return the goods using the "Return
goods" service: 4.1.1 The Seller guarantees a response to the
application within 24 hours after notification of the application,
during the Seller's business days. 4.1.2 After receiving the goods,
Seller has the right to inspect the returned goods for 14
working days. 4.1.3 The Seller and the Buyer resolve any conflicts
by negotiations between themselves, without the involvement of
Promo. 4.1.4 In the event that Promo is involved in mediating a
return conflict, the Seller undertakes to accept any decision
within the Purchase Price decided by Ecom and releases Ecom from
any liability. 4.2 If the buyer has declared his decision to return
the goods before using the "Resolution Center" service: 4.2.1 The
Seller is asked to resolve the conflict situation and offer a
solution to the Buyer within 48 hours on business days after the
creation of the application. 4.2.2 If the Seller has not resolved
the situation, then Ecom’s Mediator service is engaged. 4.2.3 In
the case of 4.2.2, the Seller undertakes to accept and execute any
decision within the Purchase Price, and releases Ecom and the Buyer
from any liability. **6\. Settlement rules** 6.1. Seller authorises
Ecom to retain the amount of money received from the client for the
order until the expiration of the return obligation. 6.2 After the
expiration of the deadline for fulfilling the return obligations,
the purchase price is added to the Billing report, according to
which the funds are sent to the Seller's account. 6.3 The Seller
can declare the payment of the amount in the current report at any
time, or it will be done automatically on the last day of the
month. 6.4 The seller receives a separate invoice for commissions
on the 1st day of each month and must pay it within 3 days. In case
of non-payment of the invoice, Ecom has the right to withhold the
amount from the billing payments. **7\. Data processing rules** 7.1
The Seller, on the basis of the Buyer's application for the
purchase, gets access to the Buyer's personal data: Name, Surname,
Address, Phone, E-mail, Name, Surname and a Phone of the recipient
at the Address, comments on the Order that may containing personal
data and any data obtained during the use Seller Panel. 7.2 The
Seller is responsible for the storage and limiting access to
personal data and is responsible in accordance with the rules of
the Privacy Policy adopted by Ecom. 7.3 The Seller is prohibited
from disclosing or transferring to third parties the personal data
of the Buyers, except for the need to fulfil the Order. 7.4 The
Seller is prohibited from contacting the client outside of the
created orders on the Platform, using personal data for marketing
or any other purposes then fulfilling current Order or other
Purchasing agreement’s obligations. 7.5 The Seller undertakes to
store the Buyer's data only for accounting and legal formalities.
7.6 The Seller is only allowed to contact the Buyer in the chat
provided by the Platform. **8\. Discount coupons** 8.1 The Seller
guarantees to cover all payments for created coupons and it bears
full financial responsibility for the accuracy of that data. 8.2
Discount codes are listed in the Billing. **9\. Delivery of goods**
9.1 The Seller undertakes to send the goods to the Buyer's address
within 24 hours during the Seller's business hours after the
Confirmation of the order. 9.2 If the order is confirmed before the
"Deadline for Shipment", set by the seller in the Delivery Section,
then the shipment must take place on the day of confirmation. 9.3
The Seller is solely responsible for the accuracy of the tracking
data provided by him at the time of processing the order. 9.4 If
the goods are not delivered to the client within 14 days after
dispatch, the order is considered Cancelled and full refund will be
issued. In this case, the Seller releases Ecom from liability.
**10\. Termination** 10.1 The seller's account may be cancelled in
the following cases: 10.1.1 The Seller has cancelled more than 10
orders in a calendar month. 10.1.2 In case of violation of the
terms of sending and returning the goods. 10.1.3 The Seller's
rating is below 3.0 within the last 30 days. 10.1.4 No sales within
60 days. **11\. Additional services and commissions** 11.1 Ecom may
charge the Seller an additional commission under the following
conditions: 11.1.1 - Order cancelled by the Seller - the
commission of the payment system + 1% of the order value is
charged in Billing 11.1.2 - Mediation of the conflict in the
Resolution Centre, effective 48 hours after the creation of the
application - 100 EUR/per hour for Mediator’s services. 11.1.3 - If
Order is cancelled due to expiration of processing period - 5% of
the order value. 11.2 Ecom rewards the Seller under the following
conditions: 11.2.1 - 100 completed orders without cancellations -
free subscription to "Pro level" 11.2.2 - Month without
applications to the Center for Resolution and Cancellations -
"Reliable seller" icon. 11.2.3 - Average rating for 4.5 products
during the calendar month - 10% discount on all commissions. **12\.
Rating** 12.1 A rating cannot be removed or changed except in the
following cases: 12.1.1 If the seller's rating describes the item,
rather than the Sellers’ service 12.1.2 If the product rating
describes the seller's service 12.1.3 Rude or disrespectful
language. 12.1.4 Accusation of deception, fraud or other misconduct
of the Seller without evidence presented by the Police or court
orders. 12.1.5 Containing personal data of the Seller’s staff. 12.2
The Seller has the right to file a complaint against any to a
rating that, in his opinion, affects honour and dignity or contains
false accusations **13\. Disputes and disagreements** 13.1 All
disputes are settled by negotiations. If it is not possible to
achieve a result in the negotiations, the final decision is made by
an independent Mediator selected by Ecom based on the case. **14\.
Commission** 14.1 Ecom charges a commission fee (Fee) on each
completed transaction. 14.2 A completed transaction is a product
confirmed by the buyer, with an expired return obligation or
initiated a resolution process. 14.3 In the event of a resolution
process, a fee will be charged regardless of the outcome of the
dispute. 14.4 If the buyer returns the goods to the Seller within
the Return Period, no commission will be charged for these goods.
14.5 The commission invoice is sent on the 1st of each month. 15.6
If the invoice is not paid within 3 working days, a commission is
applied - 1% per day from the total debt service. The commission,
at the request of the seller, can be included in the billing cycle.
**15\. Billing** 15.1 Ecom collects funds from buyers to ensure
safe transaction between the Seller and the Buyer, and pays the
total amount to the Seller's settlement account based on reports in
the "Billing" section in Sellers Panel 15.2 Billing service
provides a complete account of sales and all associated costs and
displays the amount due to be paid to the Seller, excluding fees.
15.3 Billing includes sales, shipping, returns, coupons, cashback,
bonuses, penalties and other debit/credit relationships, excluding
commission. 15.4 Payments to the Seller are made every month on the
1st day or upon request. 15.5 In the event of a negative balance,
the seller is obliged to repay it within 14 days. If this does not
happen, Promo may restrict access to the account or issue a
separate invoice for the redemption of the amount. Commission for
each day of negative balance after 14 days - 1% per day of the
negative balance.