Seller agreement

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.

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