THERUNNERS MARKETPLACE VENDOR AGREEMENT
This TheRunners Vendor Agreement (this "Agreement") is between Yostra Ltd T/A TheRunners ( TheRunners) and you (if registering as an individual) or the entity you represent (if registering as a business) ("Vendor" or "you") as a vendor in the TheRunners Marketplace.
TheRunners is an online Marketplace located at the domain www.therunners.xyz
If you want to sell goods ("Items") you must accept the Term and condition of this Agreement.
This Agreement, as may be revised by TheRunners upon notice to Seller, is effective as of the date Seller registers for TheRunners Marketplace.
TheRunners provides this Website as a venue for Users and Sellers to negotiate the sale of Seller's Merchandise,especially but not only:
Luxury items,(an elegance,desiderable,expensive item difficult to obtain), Yummy items(an item of food that is particulary delicious and very pleasing to the taste,for humans and animals), Bacchus items("drink items",alcoholic/non alcoholic beverage)
ALCOHOLIC items:Please be aware,is your responsability to check customer legal drinking age .
TheRunners is not involved in the transaction between User/Customer and Seller, and has no authority to act on behalf of either under the terms of this Agreement.
YOU,the seller must provide us true and accurate information when registering and must maintain and update that information as applicable.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time.
You must provide your real name,address, phone number, e-mail address.
You warrant to TheRunners that the information you provide during the registration process (and any notification of change of such information) is true and correct.
To use our service you must be over 18 years of age.
You may not use the Site for any unlawful or unauthorised purpose, including without limitation:
- distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material
- transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
- Interfering with any other persons use or enjoyment of the Site.
- Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.
- use profane or racist language or images,
- publishing statements, content or images that are obscene or lewd, or that contain pornography,
If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.
Account Information.As part of our registration process, you must enter certain personal identifiable information such as your first and last name, mailing address, email address, and telephone number... That type of information will be used to setup your account
Username & Password.During registration, you will be asked to create a username and password.
You are fully responsible for all activity, liability and damage resulting from your failure to use or maintain your password confidentially. You agree to immediately notify us of any unauthorized use of your username and/or password or any other breach of security.
You may not transfer, sell or assign your TheRunners account to another party.
Right to Refuse Service
If you provide false or incorrect registration information or do not notify TheRunners of changes to your registration information immediately, TheRunners reserves the right to, in our sole discretion, temporarily suspended or deactivate your account and your online storefront, or to permanently close your account and your online storefront,without notice to you. We also reserve the right to refuse service to anyone, for any reason, and at any time.
After you complete registration, you will have the ability to establish an online storefront on the Site. You are responsible for customization of your online storefront including, without limitation, imputing or uploading text, pictures, logos, images, video, audio, graphics, pricing, terms and conditions of your offers for sale,return/refund policy,shipping methods and all other information related to you, your online storefront, business, products and services (collectively, "Your Content"), none of which is a part of the TheRunners Content. All items must be listed in an appropriate category with appropriate keywords. Each offer must accurately, truthfully, and completely describe the product and/or service offered for sale. You may use a short descriptive phrase as a keyword if it accurately described your product or servic
TheRunners does not claim any intellectual property rights in, over or to the material you upload or input to your online storefront. All such material remains your property.
TheRunners retains the right to take down, or censor any Merchandise Listing, for any reason, in its sole discretion.
You are solely responsible for your conduct and activities on the Site and for all data, text, pictures, logos, images, video, audio, graphics, pricing, terms and conditions of your offers for sale, all other information, and links that you type, input, post, or upload to your online storefront. You must perform the necessary due diligence to make sure your products and services are in strict conformity with all applicable laws before you offer them for sale in your online storefront. If we conclude that your product, service or offer is prohibited, possibly illegal or inappropriate, then we may, without any notice to you, immediately remove them from your online storefront as well as your offer for sale. We reserve the sole right and discretion to determine whether an offer for sale, a product or a service is appropriate for our Site or category.
We do not claim any ownership rights in or to Your Content; however, by inputting or uploading Your Content onto the Site, you give TheRunners a non-exclusive, perpetual, worldwide, irrevocable, sub-licensable, royalty-free license to use Your Content in connection with your online storefront and the Site. In addition, you give TheRunners 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 for purposes of your online storefront or the Site. Moreover, you give TheRunners the right to store, re-format, and display Your Content on the Site in any manner deemed appropriate by TheRunners.
Re-Posting of Your Content
By posting Your Content on the Site, it is possible for a third party to re-post Your Content on another website. You agree to hold harmless TheRunners for any dispute concerning the use of Your Content. If you post on another website the image of any product or services offered for sale on the Site, then such image posted on another website must provide a link back to the listing on the Site.
Please list your items in the same corrency of your Country. Buyers will see the items in the currency of their choosing.
Seller shall be responsible for establishing prices for its Merchandise.Pricing information shall be entered via the Portal.Seller warrants that all pricing information it provides for its Merchandise Listings is accurate.
Seller shall maintain parity between the quality, price, and shipping and handling charges of the Merchandise with identical merchandise offered through Seller's other sales distribution channels, including but not limited to: Seller's own website(s) or any third-party website(s). For avoidance of doubt, the term 'parity' as used herein shall mean the sales prices and product quality assurances associated with a Merchandise Listing (which may include but are not limited to any 'low price' guarantees, rebates, free or discounted shipping and handling, or other benefit) are equivalent to such prices or offers of identical Merchandise =items Seller offers on TheRunners Marketplace.
Permits and Licenses; Taxes
Seller shall obtain all permits and licenses required to operate its business according to Applicable Law at its own expense, and shall pay and discharge all applicable taxes and assessments which may be due for offering of its Merchandise for sale on or through the Website.
Offers for Sale.
We are not directly involved in the transaction between buyers and sellers and we have no involvement in the consummation of a contract between a buyer and a seller. Consequently, we do not transfer legal ownership of any items from the seller to the buyer, and we do not have control over the quality, safety, morality or legality of any aspect of the goods or services offered for sale by sellers on the Site, the truth or accuracy of the listings, the ability of sellers to sell goods and services, or the ability of buyers to pay for such goods and services.
Seller represents and warrants that all the food/beverage products, including the food/beverage ingredients and food/beverage packaging, works in compliance with all applicable local health departement rules and regulations relating to food/beverage preparation,food/beverage safety requirements and guidelines.
Seller shall procure and maintain, at its own expense, during the term of this Agreement,general liability insurance and any other insurance compulsorily required by law.
The seller shall on request by the TheRunners promptly deliver to the Company copies of the policies and cover notes duly certified as true copies together with evidence that all premiums thereon are duly paid up to date.
RESOLUTIONS OF DISPUTES
The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute.
User order-taking and payment. TheRunners shall collect all amounts due from Users for all Merchandise ordered through the Website, and shall pay Seller for such Merchandise and all value added service charges in accordance with the Payment Terms below
TheRunners will be responsible for performing the following obligations in connection with the sale of Merchandise through the Website:
1) processing User Orders;
- collecting payment from Users;
You understand that our Services are provided "as is" and without any kind of warranty (express or implied).
We do not guarantee that: the Services will be secure or available at any particular time or location; any defects or errors will be corrected.
You use the Services solely at your own risk
Seller will receive orders from TheRunners via notice sent to the contact address Seller specifies in the Portal.Seller shall process and fulfill User Orders in compliance with the Seller Shipping and Delivery Policy specified in the Portal/account, and shall make available such Merchandise for pick up by a common carrier to deliver to Users (or you can do it by yourself), pick up by customer (only eligible sellers),downloadable from the site.
Seller shall only make available for delivery the Merchandise requested in a User Order and shall not make any substitutions. Title to the Merchandise shall remain with Seller until delivery of the Merchandise to the User.
Seller is responsible for any non-delivery, delivery error, mistake, theft or act in connection with the fulfillment and delivery of its Merchandise.
Seller should submit a cancellation policy ,return/refund policy.
Seller Cancellation/Return/Refund Policy shall outline the process for Users to ask it directly to Seller.
Order fulfillment is your sole and full responsibility. All products and services offered for sale on your online storefront and purchased must be fulfilled by you in a timely manner following completion of an order, unless otherwise agreed by you and the buyer. Failure to fulfill orders in a timely manner may cause your account to be suspended.
Seller is responsible for all aspects of shipping, including providing adequate packaging, tagging, labeling and packing of the Merchandise in compliance with the Seller Specifications or established by Applicable Laws.
User Service Issues.
If and when TheRunners makes functionality available to the seller which allows seller to display a product availability message on the Site the seller must dispatch items sold in accordance with the product's availability stated on the Site at the time of the order. Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped.Sellers must provide the refund promptly via their TheRunners Account.
Seller is responsible for resolving all User service issues arising from, or in connection with Seller's promotion, sale, order fulfillment and/or delivery of Merchandise on and through the Website.Users who contact TheRunners with any User service issues related to Merchandise sold pursuant to this Agreement/Term of use will be directed to contact Seller via the contact information Seller has provided in the Seller Portal.Should Seller fail to respond to User services issues, or requests from TheRunners related to same, TheRunners may take all actions necessary to ensure compliance, up to and including suspending Seller's access to their Seller Account.
Except for our limited role in processing payments for you, we are not involved in any underlying sales transaction between any seller and buyer. You authorize us to hold, receive, and disburse funds in accordance with your payment instructions (subject to the terms of this Agreement). In this limited capacity, we are neither the buyer nor the seller of the items or services you offer for sale and are not a party to the sales contract. We will not mediate disputes between buyers and you or enforce or execute the performance of any sales contract. You are the seller of record for all sales via the Service. A buyer's obligation to pay for an item purchased via the Selling on TheRunners is satisfied when the buyer properly pays us in full for that item via the Service. We are not a fiduciary or trustee of either the buyer or you. We do not accept deposits. We may use the services of one or more third parties, Affiliates, processors and/or financial institutions to provide the Service and process transactions (each a "Processor"). To provide the Service, we or our Processor may debit or credit (as appropriate) your Account balance, Card or bank account that you registered with us for use with the Service (your "Bank Account"). We do not guarantee payment by or on behalf of any buyer.
Upon TheRunners' request, Seller shall provide TheRunners with specific information, in such detail as TheRunners may reasonably request, as to the location and method of manufacturing the products.In the event that TheRunners requires the need to know a specific recipe of Seller, such information shall be considered Confidential Information of Seller.
Anyone attempting to sell non-authentic items will immediately be locked out of TheRunners forever and legally prosecuted.
Registered users may review, rate, and comment on a seller and the seller's business, product, or service. You understand that such reviews, ratings and comments are not made by TheRunners. You agree that TheRunners shall not be responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with any such review, rating and/or comment.
Sellers pay a referral fee on each item sold(calculated on the item price).,based on item category.
You agree to pay the fee set out in the Fee Schedule, which is incorporated into this Agreement.
PAYMENTS ARE MADE ON THE 20TH OF EVERY MONTH THAT YOU QUALIFY FOR PAYMENT
The cash you earn is automatically deposited into your bank account or paypal account
All fees listed in the Fee Schedule are in Great Britain Pounds Sterling.
Fees are payable on item sold
|YUMMYRUNNER||5 % ON ITEM SOLD|
|LUXRUNNER||8 % ON ITEM SOLD|
|BACCHUSRUNNER||6 % ON ITEM SOLD|
Processing is 3,4%
If you refund a customer for an order for which you have already received payment, TheRunners will refund you the amount of the Referral Fee you paid for the item(s), minus the transaction fee 3,5% (this fee is assessed on the total amount of the sale, including tax and shipping ) ,minus a refund administration fee 1,5 % (this fee is assessed on the total amount of the sale, including tax and shipping )
If you have not yet received payment and the refund is approved by you,you will received the total amount the customer paid minus the transaction fee 3,5% (this fee is assessed on the total amount of the sale, including tax and shipping ),minus a refund administration fee 0,5 % (this fee is assessed on the total amount of the sale, including tax and shipping ).
If there are recurring returns and/or refunds on your product, we will reserve the right to remove it from sale until the issue is resolved.
TERM AND TERMINATION
Term. The term of this Agreement will commence on the date Seller accepts these terms contained herein ("Effective Date") and will continue in effect until such time as revised by TheRunners, or terminated by either Party.There is no contract of any kind and no obligation. A plan cancellation goes into effect at the end of the current billing period.
Termination for Convenience. TheRunners may terminate this Agreement at any time upon notice to the Seller. However, Seller shall provide TheRunners with no less than two (2) business days' notice of its intent to terminate the Agreement, and Seller shall process and fulfill all open purchase orders submitted by TheRunners to Seller until the termination is effective.
Termination for Cause.In the event Seller, in TheRunners' sole discretion, has breached any term of this Agreement, TheRunners may immediately terminate this Agreement, including cancelling all open User orders for the Merchandise, and removing all of Seller's Merchandise Listings from the Website.
Last updated February , 2017