Terms and Conditions

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Terms and Conditions

Stores Terms & Conditions

The quick run down:

  • You can open a store on Etailer free of charge
    • When registering, a notification is sent to the administrator who will approve your account
    • The first step is to verify your account, by going to the verification tab in your store manager after your store has been approved,a nd uploading the required documents – we need to knwo that you’re a real person.
  • All payments are facilitated by Payfast on behalf of the vendors and etailer.
  • You can request for a withdrawal on your account, after products have been sold, and after your account has been verified.
  • A minimum of R500 withdrawal is required to successfully request a withdrawal
  • Etailer collects an 8.5% commission on all sales made on www.etailer.co.za
  • Etailer charges a flat R10 transfer fee when a withdrawal is made.
  1. Introduction

1.1. You have arrived at our terms and conditions for Stores. These terms and conditions, together with our terms and conditions on our Site form part of this Agreement.

1.2. This Agreement is a binding agreement between you and Etailer. It also sets out some of the terms and conditions governing your Store and the selling of goods, products and services from your Store on this Site, so please read it carefully. Please note that you are required to accept the Site terms and conditions before Etailer will open your Store. If you are uncertain, or do not agree with the terms and conditions below or any of the Site terms and conditions, then you should not accept them, which will result in Etailer declining your application for a Store.

  1. Attributes of a Store Owner – Do You Have What It Takes?

2.1. Owner of Stores must strive to achieve exceptional “customer service” and ensure that the user’s experience at the Store is highly satisfying for the user and will encourage the user to return to the Store.

2.2. Owners of Stores must employ sound business acumen at all times and conduct themselves and the Stores in an honest, friendly and in a commercially sensible manner and immediately take action to resolve any user complaint or query in an efficient and effective manner.

  1. Store Options

3.1. There is only one store option, which allows you to add products in various formats, including simple, variable, groups as well as auction type products

3.2 Other membership options have no affect on the store accessibility and features, and only offer marketing services.

  1. Store owner – Do You Qualify?

4.1. In order to qualify for an Etailer Store, you must meet all of the following criteria:

4.1.2. Your credit record must be positive and free from any faults, judgements or adverse listings and you must have a sound trading history. We reserve the right to carry out an investigation on your trading history with the major credit bureaus and any other source that will enable us to make an informed decision on whether or not to grant you a Store. Acceptance of our terms and conditions provide us with the necessary consent to carry out necessary investigations;

4.1.3. You must have an unblemished track record with etailer;

4.1.4. You must be familiar with the manner and way in which Etailer operates and you must have accepted all the terms and conditions of Etailer that applies to you;

4.1.5 You must setup store policies including shipping, product and any other other policies applicable and made available to you in the store setup.

4.1.6. Your rating feedback must be 80% positive or higher at all times;

4.1.7. In addition to specific goods or product warranties, you must provide a 30 day warranty on sales from date of payment;

4.1.8 Before any vendor’s withdrawal request can be approved by the store admin, the vendor has to be verified through the store manager’s verification manager.

  1. Costs Associated with Operating a Store

5.1. A commission of 8.5% is payable to Etailer from any product or auction made on the site

5.2 A minimum amount of R500 in sales need to be made in order to request a payout. The last sale, of which, needs to be older than 3 days to allow for fund maturity in order to counter any fraud.

5.3 a R10 withdrawal fee is charged for any payment made to the seller from Etailer

  1. Terms and Conditions of Stores

6.1. Terms and conditions:

6.1.1. Stores must fully comply and adhere to the terms and conditions stated above and below (“the Store terms and conditions”), as well as with all the terms and conditions recorded on Etailer website;

6.1.2. Etailer reserves the right to make amendments to the Store terms and conditions as well as the terms and conditions recorded on this Site from time to time without notice to the Store owners or its representative and it is therefore the Store owner’s responsibility to keep up to date with any amendments.

6.2. Opportunity granted to Store:

6.2.1. If Etailer brings a prospective customer through The Store, The Store or its owners are not allowed to solicit sales of the goods, products or services through their own e-commerce platforms, websites or any other channels outside of the Store and Etailer process and the Store and its owners are not allowed to provide incentives to Users to purchase goods, products or services outside of the Store or the Etailer process;

6.2.2. Stores are  allowed to market themselves whether over the Internet or in print media or any other form of marketing. etailer would prefer to be notified should any advertising, marketing or promotion be done, and the correct branding be used without alteration on tampering. Any un-authorized use, misuse or abuse of Intellectual Property Rights will be frowned upon by Etailer and Etailer will act accordingly.

6.3. Product range and sales:

6.3.1. Stores must stock and sell a consistent range of goods, product and services. Any material departure from current goods, products and services must be on notice to Etailer before any such new or other goods, products and services may be stocked and sold;

6.3.2. If no products are loaded within four months of opening an online store with etailer, the store will be closed by the site administrator.

6.3.3. Stores must maintain a minimum of 5 concurrent listings at any given point in time.

6.4. Ratings:

6.4.1. Stores are required to maintain a positive rating of more than 80% at all times ;

6.4.2. Etailer reserves it’s rights to appoint a Store if it does not have a trading history and consequently will not have positive ratings of more than 80% if the Store is an international or national business concern with a well known reputation and / or brand, amongst other factors that rest within the sole discretion of Etailer.

6.5. Customer queries or complaints:

6.5.1. Stores are required to resolve queries and / or complaints of whatsoever nature by Buyers with the utmost of efficiency and effectiveness;

6.5.2. Any queries and / or complaints referred to above that are not resolved by the Store in a manner that is satisfactory to Etailer, will cause Etailer to intervene and resolve the query and / or complaint; etailer is not responsible for any refund, loss, or any other complaint as resulting from the vendor or store owner’s store, behaviour, products or services.

6.5.3. If a situation occurs, where Etailer may refund all or a percentage of the monies that may resolve a query and / or complaint and Etailer will claim any such monies that it has paid to the Buyer from the Store. The paid refund must be paid to etailer by the verified store owner within 24 hours. Failure to do so will result in legal and financial action being taken.

6.5.4. The Store hereby consents and authorizes Etailer to deduct any monies that may be due to the Stores in light of Etailer refunding the Buyer and to retain such monies as damages that Etailer has suffered.

6.5.5. Etailer, in addition to retaining monies may also:

6.5.8. Close the Store with immediate effect;

6.5.9. Proceed against the surety to recover any monies due to Etailer as to recover any monies as a result of damages suffered by Etailer

6.6. Fees and Payment:

6.6.1. The Store fees are charged when payment is made, and the balance paid out when the seller makes a withdrawal request;

6.6.2. Store fees are calculated before the deduction of the applicable coupon amount.

6.7. Suretyship

6.7.1. The surety, by his signature hereto, binds himself in favour of Etailer, its successors-in-title and assigns as surety for and co-principal debtor in solidum with the Store for the due and punctual performance by the Store of all its obligations to Etailer in terms of this document. The suretyship obligation is an unlimited obligation with regard to any and all present and future indebtedness already incurred or to be incurred by the Store, notwithstanding any agreed limit from time to time.

6.7.2. The suretyship shall remain in full force and effect notwithstanding:

6.7.2.1. Any indulgence, concession, leniency or extension of time which may be shown or given by Etailer to the Store;

6.7.2.2. Any amendment/s to this agreement and/or other agreement for the time being subsisting between the parties.

6.7.3. The surety hereby renounces the benefits of the legal exceptions “non causa debiti”, “errore calculi”, “excussion”, “division”, “no value received” and “revision of accounts”, with the meaning and effect of all of which he declares himself to be fully acquainted.

6.7.4. Any judgement, whether formal or informal, in Etailer’s favour against the Store shall, notwithstanding that the surety has not been joined in the proceedings giving rise to the judgment, preclude the surety from being entitled to dispute the merits of the claim in respect of which the judgment has been granted, in proceedings against the surety.

6.7.5. The surety acknowledges that he/she has been given an opportunity to read through, seek advice and ask questions on the contents of this clause 6.7.

6.8. Warranty of Authority

6.8.1. The signatory warrants, as a material warranty which Etailer relies on in entering into this agreement, that he is duly authorized to represent and bind the Store to this agreement, and that he has read and understood each term and condition of this agreement and the Annexures and accepts them as binding on him/her and the Store

6.9. Costs

6.9.1. The Store and the surety shall be liable jointly and severally for all costs incurred by Etailer in the recovery of any amounts or the enforcement of any rights which it has here under, including collection charges and costs of an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings if judgement has been granted, in connection with the satisfaction or enforcement of such judgment.

6.10. Termination

6.10.1. The Store is entitled to give Etailer 24 (twenty four) hours notice of its intention to close the Store. The Store owner or authorized representative may during a month, terminate the ability to trade as a store, by sending a written notice to storeadmin@etailer.co.za

6.10.2. Upon receipt of the written request, Etailer may at its election agree to accept such notice and close the Store and terminate the Stores business relationship with Etailer, alternatively allow the Store to revert to a normal Seller, at Etailer’s sole discretion.

6.10.3. The Store will not be entitled to any refunds of Store related fees of whatsoever nature in respect of any monies paid to Etailer for whatsoever reason if the Store gives notice of its intention to close the Store, whether notice is received prior to the end of the month or during the course of the month. The store fees will still apply for that month and will not be prorated if a seller reverts back to normal selling status during a particular month.

6.10.4. Termination of the Store and the consequent closing of the Store shall not relieve the Store of the obligations imposed upon the Store and the surety by this agreement and the Site terms and conditions, which by the very nature of the obligation are required to survive post termination of this agreement. The Store is required to fulfill and / or deal with any sale in progress, refund, Buyer complaint or query and whatever other issue or item that the Store is required to fulfill and / or deal with.

6.11. Furnishing of Information

6.11.1. The Store and the surety shall forthwith after the conclusion of the signing of this document, furnish Etailer with all information and documentation reasonably required by Etailer to enable it to comply with its obligations. The Store and the surety warrant that the information given is true and correct in every respect. The Store and the surety undertake to update the information furnished to Etailer in order to ensure that the information is accurate and up to date.

6.12. Domicilium and notices

6.12.1. The Store and surety choose their domicilium citandi at executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, serving of any process and for any other purpose arising form this document at their address as set in the Store application form to which this Store terms and conditions are attached. The Store and the surety agree that should any notice be received in terms of the National Credit Act that such notice may be given by pre-paid registered post.

6.12.2. Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.

6.12.3. Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if:

6.12.3.1. delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;

6.12.3.2. posted by prepaid registered post to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 4th day after the date of posting;

6.12.3.3. transmitted by telefacsimile or e mail to the addressee’s telefacsimile or e mail address for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 1st business day after the date of transmission.

6.13. Documentation

6.13.1. Before the Store will be approved for withdrawals or payouts we require store verification from the verification tab on the store owner’s store manager:

6.13.1.1. identity, drivers or passport documents of the owner’s of the Stores;

6.13.1.2. Proof of bank accounts

6.13.1.3. Proof of residence

6.14. General

6.14.1. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by Etailer is subject to the terms and conditions of this agreement and the Site terms and conditions, which Site terms and conditions shall be deemed to be incorporated herein.

6.14.2. We will provide you with a Store only once you have accepted the terms and conditions of this agreement by signing below and once you have fulfilled any other criteria or requirements stipulated by Etailer.

6.14.3. Please note that Etailer reserves the right to amend the terms and conditions contained in this agreement and the Site terms and conditions.

 

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