Introduction
This
website is owned and operated by Mereje and trading as Mereje Marketplace. Our
company contact information is written below this document. Please read these
terms and conditions carefully. These terms and conditions apply to use of our
website. The sale of goods via our website is subject to Mereje
Marketplace Customer Terms.
Selling on Mereje is subject to Mereje
Marketplace Seller Terms.
Where we
refer to "Consumer" below we mean an individual acting for purposes
which are wholly or mainly outside that person's trade, business, craft or
profession.
Changes To
The Terms And Conditions
We may
change these terms and conditions by posting the revised version on our website
at any time. Please check our website from time to time. You will be bound by
the revised agreement if you continue to use our website following the
effective date shown.
Acceptable
Use Policy
You agree
that you will not in connection with our website:
- Breach any applicable law, regulation or code of
conduct or infringe any intellectual property or other rights of others;
- Publish or send any information (including links or
references to other content), or otherwise behave in a manner, which:
- Is unlawful, defamatory, threatening, harassing,
invasive of privacy, offensive, vulgar, racist, hateful, discriminatory,
obscene, pornographic, sexually suggestive, promoting of self-harm,
misleading, abusive or deceptive;
- Infringes any intellectual property or other rights
of others;
- Involves phishing or scamming or similar; or
- We otherwise reasonably consider to be inappropriate;
- Publish or send any information which involves
revealing any personal data of another person (i.e. information enabling
someone to be identified or contacted) unless that person is 18 years or
over and you have obtained that person's explicit written consent or you
are the parent/guardian of such person;
- Impersonate any person or entity for the purpose of
misleading others;
- Sell access to our website;
- Use our website to provide a similar service to third
parties or otherwise with a view to competing with us;
- Sell advertising, sponsorship or promotions on or in
connection with content except where explicitly authorized by us;
- Use our website for junk mail, spam, pyramid or
similar or fraudulent schemes;
- Do anything which may have the effect of disrupting
our website including worms, viruses, software bombs or mass mailings;
- Do anything which may negatively affect other users'
enjoyment of our website;
- Gain unauthorised access to any part of our website
or equipment used to provide our website;
- Use any automated means to interact with our systems
excluding public search engines; or
- Attempt, encourage
or assist any of the above.
Content
You
acknowledge that any information published or sent on or via our service by
other users is the sole responsibility of the person from whom such content
originated and we are not responsible for it. We cannot guarantee that any
general information that we may make available on our website is accurate or up
to date. You rely on it at your own risk. We reserve the right without notice
or refund to suspend, alter, remove or delete content or to disclose to the
relevant authorities or to a complainant any content or behaviour if it is the
subject of complaint or where we have reason to believe that it breaches our
terms and conditions, or that such steps are necessary to protect us or others,
or that a criminal act has been committed, or if we are required to do so by
law or appropriate authority.
Privacy
You
acknowledge and agree that we may process your personal data in accordance with
the terms of our Mereje Privacy
Policy which is subject to change
from time to time.
Functioning
Of Our Website
We do not
guarantee that our website will be uninterrupted or error-free and we are not
responsible for any losses arising from such errors or interruptions. We are
entitled, without notice and without liability, to suspend the website for
repair, maintenance, improvement or other technical reason and to make changes
to our website.
Your
Account
If we
permit you to create an account on our website, this is for your personal use
only and is non-transferable. You must not authorise or permit any other person
to use your account. You must take reasonable care to protect and keep
confidential your password and other account or identity information. You must
notify us immediately of any apparent breach of security such as loss, theft,
misuse or unauthorised disclosure or use of a password. You are responsible for
third parties who use your account or identity (unless and to the extent that
we are at fault).
We are
entitled at any time for any reason and with or without notice to terminate
your account on our site including deletion of all data contained therein.
Intellectual
Property Rights
All trade
marks, logos, content (including our website's structure and layout), graphics,
images, photographs, animation, videos, text and software used on this site are
our intellectual property or that of our suppliers, partners or other users.
For the purposes of your personal use only, you may view such material on your
screen and print a single copy. You may not otherwise use, sublicense,
retrieve, display, modify, copy, print, sell, distribute, download, hire,
reverse engineer (unless permitted by applicable law) or create extracts of, or
derivative works from, such material without our specific prior written
consent.
Just to be
clear - you must not collect, scrape, harvest, frame or deep-link to any
information on our website without our specific prior written consent. You
license (i.e. permit) us to use your content both on our own website and also,
for marketing purposes, on other channels including different websites, social
media and emails.
Third
Party Websites
We may link to third party websites which may be of
interest to you and/or include third party advertising on our site and/or use
third party-provided services on our site. We do not recommend or endorse, nor
are we legally responsible for, those sites or services. You use such third
party sites or services at your own risk.
Liability
Nothing in
this agreement in any way limits or excludes our liability for negligence
causing death or personal injury or for fraudulent misrepresentation or for
anything which may not legally be excluded or limited. In this section, any
reference to us includes our employees and agents. You must give us a
reasonable opportunity to remedy any matter for which we are potentially liable
before you incur any costs remedying the matter yourself. If you are a
Consumer, we shall not be liable for any loss or damage caused by us or our
employees or agents in circumstances where:
- There is no breach of a legal duty of care owed to
you by us or by any of our employees or agents;
- Such loss or damage was not foreseeable (meaning it
was not an obvious consequence of our breach or not contemplated by you
and us at the time we entered into this contract);
- Such loss or damage is caused by you, for example by
not complying with this agreement; or
- Such loss or damage relates to a business.
- If you are a Consumer, you will be liable for any
reasonably foreseeable loss or damage we suffer arising from your breach
of this agreement or misuse of our website (subject of course to our
obligation to mitigate any losses).
- The following clauses apply only if you are a business.
- In no event
(including our own negligence) will we be liable for any: Economic losses
(including, without limit, loss of revenues, profits, contracts, business
or anticipated savings); Loss of goodwill or reputation; Special, indirect
or consequential losses; or Damage to or loss of data (even if we have
been advised of the possibility of such losses).
You will
indemnify us against all claims and liabilities directly or indirectly related
to your use of the website and/or breach of this agreement.To the extent
allowed by law, you and we exclude all terms, whether imposed by statute or by
law or otherwise, that are not expressly stated in this agreement.
General
We may
send all notices under this agreement by email to the most recent email address
you have supplied to us (unless otherwise stated in this agreement). Headings
used in this agreement are for information and not binding. Any failure by
either party to exercise or enforce any right or provision of this agreement
does not mean this is a "waiver" (i.e. that it cannot be enforced
later). If any part of this agreement is ineffective or unenforceable for any
reason, then it will be replaced with a provision which as far as possible
achieves the same thing and the rest of the agreement shall continue to apply.
We may transfer this agreement to a third party but this will not affect your
rights or obligations. A person who is not a party to this agreement shall have
no rights to enforce this agreement except insofar as expressly stated
otherwise.
Complaints
If you
have any complaints, please contact us via the contact details shown below.
Email Us: Info@Mereje.Com
CUSTOMER TERMS
Introduction
Mereje Marketplace operates an ecommerce platform consisting
of a website and mobile application ("marketplace"),for the sale and
purchase of consumer products in Globally.
These general terms and conditions shall apply to buyers and
sellers on the marketplace and shall govern your use of the marketplace and
related services.
By using our marketplace, you accept these general terms and
conditions in full. If you disagree with these general terms and conditions or
any part of these general terms and conditions, you must not use our
marketplace.
If you use our marketplace in the course of a business or
other organizational project, then by so doing you:
- confirm that you have
obtained the necessary authority to agree to these general terms and
conditions; bind both yourself and the person, company or other legal
entity that operates that business or organizational project, to these
general terms and conditions; and
- agree that
"you" in these general terms and conditions shall reference both
the individual user and the relevant person, company or legal entity
unless the context requires otherwise.
Registration and Account
- You may not register
with our marketplace if you are under 18 years of age (by using our
marketplace or agreeing to these general terms and conditions, you warrant
and represent to us that you are at least 18 years of age).
- You may register for an account
with our marketplace by completing and submitting the registration form on
our marketplace
- You represent and warrant that
all information provided in the registration form is complete and
accurate.
- If you register for an account
with our marketplace, you will be asked to provide an email address/user
ID and password and you agree to:
- keep your password
confidential;
- notify us in writing
immediately (using our contact details) if you become aware of any
disclosure of your password; and
- be responsible for any
activity on our marketplace arising out of any failure to keep your
password confidential, and that you may be held liable for any losses
arising out of such a failure.
- your account shall be used exclusively by
you and you shall not transfer your account to any third party. If you
authorize any third party to manage your account on your behalf this shall
be at your own risk.
- We may suspend or cancel your
account, and/or edit your account details, at any time in our sole
discretion and without notice or explanation, providing that if we cancel
any products or services you have paid for but not received, and you have
not breached these general terms and conditions, we will refund you in
respect of the same.
- You may cancel your
account on our marketplace by contacting us.
Terms and conditions of sale
- You acknowledge and
agree that:
- the marketplace provides an
online location for sellers to sell and buyers to purchase products;
- we shall accept binding sales,
on behalf of sellers, but Mereje is not a party to the transaction
between the seller and the buyer; and
- a contract for the sale and
purchase of a product or products will come into force between the buyer
and seller, and accordingly you commit to buying or selling the relevant
product or products, upon the buyer’s confirmation of purchase via the
marketplace.
- Subject to these general terms
and conditions, the seller’s terms of business shall govern the contract
for sale and purchase between the buyer and the seller. Notwithstanding
this, the following provisions will be incorporated into the contract of
sale and purchase between the buyer and the seller:
- the price for a product will be
as stated in the relevant product listing;
- the price for the product must
include all taxes and comply with applicable laws in force from time to
time;
- delivery charges, insurance
costs, other ancillary costs and charges, will only be payable by the
buyer if this is expressly and clearly stated in the product listing;
- products must be of
satisfactory quality, fit and safe for any purpose specified in, and
conform in all material respects to, the product listing and any other
description of the products supplied or made available by the seller to
the buyer; and
- the seller warrants
that the seller has good title to, and is the sole legal and beneficial
owner of, the products, and that the products are not subject to any
third party rights or restrictions including in respect of third party
intellectual property rights and/or any criminal, insolvency or tax
investigation or proceedings
Returns and Refunds
- Returns of products by
buyers and acceptance of returned products by sellers shall be managed by
us in accordance with the returns page on the marketplace, as may be
amended from time to time. Acceptance of returns shall be in our
discretion, subject to compliance with applicable laws of the territories.
- Refunds in respect of returned
products shall be managed in accordance with the refunds page on the
marketplace, as may be amended from time to time. Our rules on refunds
shall be exercised in our discretion, subject to applicable laws of the
territories. We may offer refunds, in our discretion:
- in respect of the product
price;
- local and/or international
shipping fees (as stated on the refunds page); and
- by way of store credits, wallet
refunds, vouchers, mobile money transfer, bank transfers or such other
methods as we may determine from time to time.
- Returned products shall be
accepted and refunds issued by Mereje Marketplace, for and on behalf of
the seller.
- Changes to our returns
page or refunds page shall be effective in respect of all purchases made
from the date of publication of the change on our website.
Delivery
Your order will be fulfilled by the estimated delivery date
set out in the Order Confirmation, unless there is an Event Outside Our
Control. If we are unable to meet the estimated delivery date because of an
Event Outside Our Control, we may contact you with a revised estimated delivery
date.
Delivery will be completed when the Product is delivered to
the address you gave us. The Products will be your responsibility from the
completion of delivery. You own the Products once we have received payment in
full, including all applicable delivery charges.
International Delivery
We deliver to the countries set out on each Seller Shop page
(Delivery Destinations). However there are restrictions on some Products for
certain Delivery Destinations, so please review the information on each Seller
Shop page together with the associated costs carefully before ordering
Products.
If you order Products from the Site for delivery to a
Delivery Destination which is outside of the UK, your order may be subject to
import duties and taxes which are applied when the delivery reaches that
destination.
We require that the seller is responsible for payment of any
import duties and taxes for Product(s) delivered to the UK. You must comply
with all applicable laws and regulations of the country for which the Products
are destined. We will not be liable or responsible if you break any such law.
Price Of Products And Delivery Charges
The prices of the Products will be as quoted on the Site from
time to time. We take all reasonable care to ensure that the prices of Products
are correct at the time when the relevant information was entered onto the
system. However if we discover an error in the price of Product(s) you ordered,
we advise that you read in order to know what to do.
Prices for our Products may change from time to time, but
changes will not affect any order which we have confirmed with an Order
Confirmation.
The price of a Product includes VAT (where relevant) at the
applicable current rate chargeable in the UK for the time being. The price of a
Product does not include delivery charges. Our delivery charges are as quoted
on the Site. To check current delivery charges, please refer to the relevant
Seller Shop page for the Product you are ordering.
- The Site contains a large number
of Products. It is always possible that, despite our reasonable efforts,
some of the Products on the Site may be incorrectly priced. We will
normally check prices as part of our dispatch procedures so that:
- where the Product's correct
price is less than the price stated on the Site, we will issue you with a
refund for the difference between the price you paid and the actual price
of the Product. However, if the pricing error is obvious and unmistakable
and could have reasonably been recognised by you as a mispricing, we do
not have to provide the Products to you at the incorrect (lower) price;
- and if the Product's
correct price is higher than the price stated on the Site, we will contact
you by email as soon as possible to inform you of this error. We will then
give you the option of cancelling your order or cancelling your order and
continuing to purchase the Product at the correct price. We will not
process your order until we have your instructions. If we are unable to
contact you using the contact details you provided during the order
process within 7 days, we will treat the order as cancelled and notify you
in writing.
Payments
You can only pay for Products using your PayPal balance or
any major debit or credit card through Mereje's online payment processing
system. We accept the following cards: Discover, Visa/Visa Debit/Visa Electron,
Mastercard, Maestro, and American Express (AMEX). Payment for the Products and
all applicable delivery charges is in advance. After the payment is approved,
we will dispatch your Products using the shipping method you selected on
purchase.
Rules About Your Content
- In these general terms
and conditions, "your content" means:
- all works and materials
(including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that
you submit to us or our marketplace for storage or publication,
processing by, or onward transmission; and
- all communications on the
marketplace, including product reviews, feedback and comments.
- Your content, and the use of
your content by us in accordance with these general terms and conditions,
must be accurate, complete and truthful.
- Your content must be
appropriate, civil and tasteful, and accord with generally accepted
standards of etiquette and behaviour on the internet, and must not:
- be offensive, obscene,
indecent, pornographic, lewd, suggestive or sexually explicit;
- depict violence in an explicit,
graphic or gratuitous manner; or
- be blasphemous, in breach of
racial or religious hatred or discrimination legislation;
- be deceptive, fraudulent,
threatening, abusive, harassing, anti-social, menacing, hateful,
discriminatory or inflammatory;
- cause annoyance, inconvenience
or needless anxiety to any person; or
- constitute spam.
- Your content must not be illegal
or unlawful, infringe any person's legal rights, or be capable of giving
rise to legal action against any person (in each case in any jurisdiction
and under any applicable law). Your content must not infringe or breach:
- any copyright, moral right,
database right, trademark right, design right, right in passing off or
other intellectual property right;
- any right of confidence, right
of privacy or right under data protection legislation;
- any contractual obligation owed
to any person; or
- any court order
- You must not use our marketplace
to link to any website or web page consisting of or containing material
that would, were it posted on our marketplace, breach the provisions of
these general terms and conditions
- You must not submit to our
marketplace any material that is or has ever been the subject of any
threatened or actual legal proceedings or other similar complaint.
- The review function on the
marketplace may be used to facilitate buyer reviews on products. You shall
not use the review function or any other form of communication to provide
inaccurate, inauthentic or fake reviews.
- You must not interfere with a
transaction by: (i) contacting another user to buy or sell an item listed
on the marketplace outside of the marketplace; or (ii) communicating with
a user involved in an active or completed transaction to warn them away
from a particular buyer, seller or item; or (iii) contacting another user
with the intent to collect any payments
- You acknowledge that all users
of the marketplace are solely responsible for interactions with other
users and you shall exercise caution and good judgment in your
communication with users. You shall not send them personal information
including credit card details.
- We may periodically review your
content and we reserve the right to remove any content at our discretion
for any reason whatsoever.
- If you learn of any
unlawful material or activity on our marketplace, or any material or
activity that breaches these general terms and conditions, you may inform
us by contacting us
Our Rights To Use Your Content
- You grant to us a
worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, store, adapt, publish, translate and distribute your content
across our marketing channels and any existing or future media.
- You grant to us the right to
bring an action for infringement of the rights
- You hereby waive all your moral
rights in your content to the maximum extent permitted by applicable law;
and you warrant and represent that all other moral rights in your content
have been waived to the maximum extent permitted by applicable law
- Without prejudice to our
other rights under these general terms and conditions, if you breach our
rules on content in any way, or if we reasonably suspect that you have
breached our rules on content, we may delete, unpublish or edit any or all
of your content.
Use of Website and Mobile Applications
- In this section
"marketplace" and "website" shall be used
interchangeably to refer to Mereje Marketplace’s websites and mobile
applications.
- You may:
- view pages from our website in
a web browser;
- download pages from our website
for caching in a web browser;
- print pages from our website
for your own personal and noncommercial use, providing that such printing
is not systematic or excessive;
- stream audio and video files
from our website using the media player on our website; and
- use our marketplace services by
means of a web browser, subject to the other provisions of these general
terms and conditions.
- Except as expressly permitted in
this section or the other provisions of these general terms and
conditions, you must not download any material from our website or save
any such material to your computer
- You may only use our website for
your own personal and business purposes in respect of selling or
purchasing products on the marketplace
- Except as expressly permitted by
these general terms and conditions, you must not edit or otherwise modify
any material on our website.
- Unless you own or control the
relevant rights in the material, you must not:
- republish material from our
website (including republication on another website);
- sell, rent or sub-license
material from our website;
- show any material from our
website in public;
- exploit material from our
website for a commercial purpose; or
- redistribute material from our
website.
- You may forward links to
products on our website and redistribute our newsletter and promotional
materials in print and electronic form to any person.
- We reserve the right to suspend
or restrict access to our website, to areas of our website and/or to
functionality upon our website. We may, for example, suspend access to the
website during server maintenance or when we update the website. You must
not circumvent or bypass, or attempt to circumvent or bypass, any access
restriction measures on the website.
- You must not:
- use our website in any way or
take any action that causes, or may cause, damage to the website or
impairment of the performance, availability, accessibility, integrity or
security of the website;
- use our website in any way that
is unethical, unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity;
- hack or otherwise tamper with
our website;
- probe, scan or test the
vulnerability of our website without our permission;
- circumvent any authentication
or security systems or processes on or relating to our website;
- use our website to copy, store,
host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious computer software;
- impose an unreasonably large
load on our website resources (including bandwidth, storage capacity and
processing capacity);
- decrypt or decipher any
communications sent by or to our website without our permission;
- conduct any systematic or
automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
- access or otherwise interact
with our website using any robot, spider or other automated means, except
for the purpose of search engine indexing;
- use our website except by means
of our public interfaces;
- violate the directives set out
in the robots.txt file for our website;
- use data collected from our
website for any direct marketing activity (including without limitation
email marketing, SMS marketing, telemarketing and direct mailing); or
- do anything that
interferes with the normal use of our website.
Copyright and Trademarks
- Subject to the express
provisions of these general terms and conditions:
- we, together with our
licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
- all the copyright and other
intellectual property rights in our website and the material on our
website are reserved.
- Mereje’s logos and our other
registered and unregistered trademarks are trademarks belonging to us; we
give no permission for the use of these trademarks, and such use may
constitute an infringement of our rights.
- The third party
registered and unregistered trademarks or service marks on our website are
the property of their respective owners and we do not endorse and are not
affiliated with any of the holders of any such rights and as such we
cannot grant any license to exercise such rights
Data Privacy
- Buyers agree to
processing of their personal data in accordance with the terms of Mereje’s
Privacy
- Mereje shall process all
personal data obtained through the marketplace and related services in
accordance with the terms of our Privacy Policy.
- Sellers shall be
directly responsible to buyers for any misuse of their personal data and
Mereje Marketplace shall bear no liability to buyers in respect of any
misuse by sellers of their personal data.
Due Diligence and Audit Rights
- We operate an anti-money
laundering compliance program and reserve the right to perform due
diligence checks on all users of the marketplace.
- You agree to provide to us all
such information, documentation and access to your business premises as we
may require:
- in order to verify your
adherence to, and performance of, your obligations under this Agreement;
- for the purpose of disclosures
pursuant to a valid order by a court or other governmental body; or
- as otherwise required
by law or applicable regulation
Mereje’s Role As a Marketplace
- You acknowledge that:
- we do not confirm the identity
of all marketplace users, check their credit worthiness or bona fides, or
otherwise vet them;
- we do not check, audit or
monitor all information contained in listings;
- we are not party to any
contract for the sale or purchase of products advertised on the
marketplace;
- we are not involved in any
transaction between a buyer and a seller in any way, save that we
facilitate a marketplace for buyers and sellers and process payments on
behalf of sellers;
- we are not the agents for any
buyer or seller
- Accordingly we will not be
liable to any person in relation to the offer for sale, sale or purchase
of any products advertised on our marketplace; furthermore we are not
responsible for the enforcement of any contractual obligations arising out
of a contract for the sale or purchase of any products and we will have no
obligation to mediate between the parties to any such contract.
- We do not warrant or represent:
- the completeness or accuracy of
the information published on our marketplace;
- that the material on the
marketplace is up to date;
- that the marketplace will
operate without fault; or
- that the marketplace or any
service on the marketplace will remain available.
- We reserve the right to
discontinue or alter any or all of our marketplace services, and to stop
publishing our marketplace, at any time in our sole discretion without
notice or explanation.
- We do not guarantee any
commercial results concerning the use of the marketplace.
- To the maximum extent
permitted by applicable law, we exclude all representations and warranties
relating to the subject matter of these general terms and conditions, our
marketplace and the use of our marketplace.
Limitations and Exclusions of Liability
- Nothing in these general
terms and conditions will:
- limit any liabilities in any
way that is not permitted under applicable law; or
- exclude any liabilities or
statutory rights that may not be excluded under applicable law.
- The limitations and exclusions
of liability set out in this section and elsewhere in these general terms
and conditions:
- are subject to this section and
- govern all liabilities arising
under these general terms and conditions or relating to the subject
matter of these general terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of
statutory duty, except to the extent expressly provided otherwise in
these general terms and conditions
- In respect of the services
offered to you free of charge we will not be liable to you for any loss or
damage of any nature whatsoever.
- Our aggregate liability to you
in respect of any contract to provide services to you under these general
terms and conditions shall not exceed the total amount paid and payable to
us under the contract. Each separate transaction on the marketplace shall constitute
a separate contract for the purpose of this section
- Notwithstanding the section
above, we will not be liable to you for any loss or damage of any nature,
including in respect of:
- any losses occasioned by any
interruption or dysfunction to the website;
- any losses arising out of any
event or events beyond our reasonable control;
- any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill;
- any loss or corruption of any
data, database or software; or
- any special, indirect or
consequential loss or damage.
- We accept that we have an
interest in limiting the personal liability of our officers and employees
and, having regard to that interest, you acknowledge that we are a limited
liability entity; you agree that you will not bring any claim personally
against our officers or employees in respect of any losses you suffer in
connection with the marketplace or these general terms and conditions
(this will not limit or exclude the liability of the limited liability
entity itself for the acts and omissions of our officers and employees).
- Our marketplace includes
hyperlinks to other websites owned and operated by third parties; such
hyperlinks are not recommendations. We have no control over third party
websites and their contents, and we accept no responsibility for them or
for any loss or damage that may arise from your use of them.
Indemnification
- You hereby indemnify us,
and undertake to keep us indemnified, against:
- any and all losses, damages,
costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by us to any third party in settlement of a
claim or dispute) incurred or suffered by us and arising directly or
indirectly out of your use of our marketplace or any breach by you of any
provision of these general terms and conditions or the Mereje codes,
policies or guidelines; and
- any VAT liability or
other tax liability that we may incur in relation to any sale, supply or
purchase made through our marketplace, where that liability arises out of
your failure to pay, withhold, declare or register to pay any VAT or
other tax properly due in any jurisdiction.
Breaches of These General Terms and
Conditions
- If we permit the
registration of an account on our marketplace it will remain open
indefinitely, subject to these general terms and conditions.
- If you breach these general
terms and conditions, or if we reasonably suspect that you have breached
these general terms and conditions or any Mereje Marketplace codes,
policies or guidelines in any way we may:
- temporarily suspend your access
to our marketplace;
- permanently prohibit you from
accessing our marketplace;
- block computers using your IP
address from accessing our marketplace;
- contact any or all of your
internet service providers and request that they block your access to our
marketplace;
- suspend or delete your account
on our marketplace; and/or
- commence legal action against
you, whether for breach of contract or otherwise.
- Where we suspend,
prohibit or block your access to our marketplace or a part of our
marketplace you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or
using a different account).
Entire Agreement
These general terms and conditions and the Mereje codes,
policies and guidelines (and in respect of sellers the seller terms and
conditions) shall constitute the entire agreement between you and us in
relation to your use of our marketplace and shall supersede all previous
agreements between you and us in relation to your use of our marketplace
Hierarchy
Should these general terms and conditions, the seller terms
and conditions, and the Mereje codes, policies and guidelines be in conflict, these
terms and conditions, the seller terms and conditions and the Mereje codes,
policies and guidelines shall prevail in the order here stated.
Variation
- We may revise these
general terms and conditions, the seller terms and conditions, and the
Mereje codes, policies and guidelines from time to time.
- The revised general
terms and conditions shall apply from the date of publication on the
marketplace.
Severability
- If a provision of these
general terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.
- If any unlawful and/or
unenforceable provision of these general terms and conditions would be
lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
Assignment
- You hereby agree that we
may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these general terms and conditions.
- You may not without our
prior written consent assign, transfer, sub-contract or otherwise deal
with any of your rights and/or obligations under these general terms and
conditions.
Third party rights
- These general terms and
conditions is for our benefit and your benefit, and is not intended to
benefit or be enforceable by any third party
- The exercise of the
parties' rights under a contract under these general terms and conditions
is not subject to the consent of any third party
Law and Jurisdiction
- These general terms and
conditions shall be governed by and construed in accordance with the laws
of the territory.
- Any disputes relating to
these general terms and conditions shall be subject to the exclusive
jurisdiction of the courts of the territories.
SELLER TERMS
Scope
Mereje
Marketplace owns and operates this platform from the United Kingdom that allows
merchants to sell their products to the public over the internet. This platform
is currently provided on the website http://marketplace.mereje.com but may be
provided on different websites or applications in the future.
The merchant
will have the opportunity to sell their products on the Mereje Marketplace
platform. Mereje is entitled to accept purchases on behalf of the seller. The
service provided by Mereje is limited to referring customers to the merchant
and accepting orders and payments on their behalf. In addition to this at
Mereje's discretion they may provide the merchant with analytics about the
performance of the merchant's products and additional marketing support. This
support may be reflective of the agreed level of commission.
The merchant
authorised Mereje to accept binding orders from customers on their behalf.
Mereje may carry out changes to the website or service, or suspend the service,
without notice.
Mereje's Rights and Obligations
The merchant
acknowledges that the relationship between customers and Mereje is governed by
the privacy policy and the general terms and conditions, both available on the
website. Mereje will present on the website the products listed by the seller.
The merchant will be responsible for listing their own products.
Mereje is
authorised to accept binding sales on behalf of the merchant and will be
careful to pass order data on to the merchant as well as technology allows. In
order to maintain its reputation for quality and high standard of service,
Mereje reserves the right to terminate the relationship with the merchant if
the merchant repeatedly receives bad reviews or complaints, or fails to comply
with our recommendations.
Merchant's Rights and Obligations
The merchant is
obliged to provide all the information necessary when listing a product on
marketplace.mereje.com. This should include but is not limited to, a detailed
title and subtitle, price, quantity, picture and description. The merchant must
never knowingly deceive a potential customer by misrepresenting their
product/s. The merchant must notify Mereje of any changes to the detail of
their listings while uploaded on the site.
The merchant
guarantees that information listed on Mereje relating to his products satisfies
all legal requirements, and in particular satisfies information requirements
for consumer protection. The merchant will be responsible for keeping an
up-to-date inventory of all their products listed on Mereje Marketplace.
The merchant
guarantees that the information provided by him does not violate any third
party's copyright. The merchant will contact the customers no more than is
necessary for processing the transactions referred by Mereje. In particular,
the merchant will not send any advertising email or other commercial
advertisements to the customer without prior agreement from Mereje or the
expressed wish of the customer. When delivering products sold via Mereje, the
merchant will not advertise any of Mereje's competitors.
The merchant
will process orders and arrange delivery with all reasonable care the moment
receipt of confirmation of sale is received through the Mereje site via email
and/or text message. The delivery options and time indicated on their listing
is binding, orders should be fulfilled within 1 working day. The merchant is
required to keep his advertised products and services available to the best of
his ability. Repeated stock-outs will result in the removal of the merchant and
all their products from the Mereje platform. If the merchant cannot fulfill an
order submitted to him, he must notify Mereje as soon as possible, and within 1
day of receiving the order at the latest.
The merchant
agrees to adhere to his range of products and prices as provided to Mereje and
as described on their listing on the website. The merchant guarantees that
there are no ongoing criminal, bankruptcy or tax proceedings or other penalties
outstanding in relation to the products they are selling through the platform.
The merchant further guarantees to take great care to keep up-to- date his
range of products, stock count, prices and associated terms and conditions, like
delivery fees.
Commission
The merchant
agrees to pay Mereje a fixed percentage commission on the gross revenue from
their sales made through the Mereje Marketplace platform. Depending on the
category it may be appropriate to agree different commission percentages for
certain items or product categories.
Mereje
Marketplace may start charging additional fees for the sale of goods through
the Mereje platform at any point. These may include but are not limited to,
listing fees, multiple photos fees and enhanced marketing fees. In the event of
the introduction of further fees, the merchant will be notified prior to their
commencement in writing and they will have the option to opt out.
Mereje reserves
the right to adjust the percentage commission, providing suitable notice is
served in advance to the merchant. Mereje will give the merchant adequate
notice of any commission changes, in writing. This does not cover adjustments
that constitute a material change of the contract terms, which would require an
additional agreement on the change.
Customer Online Payment
In case of
electronic payment by the customer (e.g. by credit card, debit card, or
Wireless online Transfer), Mereje collects the payment for the relevant order
in Mereje's name on behalf of the merchant, and pays it out to the merchant.
The merchant
will keep receipts of deliveries to customers for at least 13 months and make
those available on request. In case of problems that may cause the order to be
rescinded, or in case of a delivery failure, the merchant must immediately
notify Mereje by phone so that the credit card payment may be cancelled.
The merchant
bears the risk of abuse of the payment medium (e.g. of credit card or debit
card fraud). If a fraudulent payment has been credited to the merchant, Mereje
reserves the right to correct the amount the merchant is invoiced to offset
this payment.
Invoicing and Merchant Payment
Mereje's
invoices may be delivered by email, online, fax, post or in person. They
include Mereje's claims on the merchant, commission, and, if applicable, other
fees. Mereje is to send a monthly statement of confirmed orders to the Supplier
by the 10th of each month after which the supplier will have 5 days for
verification and commission settlement.
The merchant is
to pay commission to Mereje by the 5th day of receiving the monthly statement
unless there are disputes/clarifications needed which have to be conveyed to
Mereje in writing within the allocated 5 days.
In case the
supplier receives the payment of sold products/services on
marketplace.mereje.com directly, supplier is bound to pay the agreed commission
to Mereje in 5 days of receiving statement each month. Payments would be made
by bank transfer or cross cheque payable to ‘Mereje’.
Liability
The merchant
indemnifies Mereje from all claims arising in relation to matters outside
Mereje's control, including but not limited to the quality of goods and
services provided by the seller. The merchant further indemnifies Mereje from
third parties' claims resulting from any violation of laws and regulations by
the seller.
Mereje cannot
guarantee that its service will be free from all malfunctions, but will
exercise all reasonable care and skill to resolve any such case. VAT liability
rests with the merchant and Mereje will not be responsible for any VAT issues.
Privacy
Both parties
are obliged to treat confidentially the content of this agreement, as well as
all other information and data they acquire in connection with the partnership,
and not use it for purposes outside the scope of this contract or pass it on to
third parties. This obligation is in force for 1 year after the termination of
the contract. Both parties are obliged to follow privacy laws and handle
accordingly all data related to customers, suppliers and business partners.
Licence
Mereje has the
right to freely maintain the merchant's listing and its ranking on the website.
Mereje offers customers the opportunity to give ratings and reviews of the
merchant's goods and services on the website, and has the right but not the
obligation to publish these online and make them visible to all customers.
Mereje reserves the right to delete ratings and reviews.
Mereje may
scan, transcribe, and publish online the merchant's listings, logos and other
materials required. The merchant grants to Mereje a royalty- free, perpetual,
unrestricted licence to use and distribute any materials provided by him, for
the purpose of advertising Mereje's service. In particular, this includes use
in Google AdWords campaigns, domain name registrations and other online marketing
and search engine optimization measures.
Terms and Termination
This Terms is
valid as soon as the merchant signs the contract, or fulfils an order referred
by Mereje, and remains valid indefinitely, until termination by either party.
Termination can occur at any time, with a period of notice of one month, in
writing, by email, post or fax. The revenues generated during this notice
period are still subject to the partnership agreement. The right to immediate
termination by either party for an important cause remains unaffected.
The right to
immediate termination in particular covers the case where the merchant
repeatedly receives negative ratings and reviews on the website, and when these
are not obviously unjustified. Repeatedly providing misleading information or
withholding information required to present the merchant's items is also
grounds for immediate termination. Typos, mistakes and transmission errors are
excluded from this, as long as they are not caused with intent or by gross
negligence.
General
If a single
clause in this agreement is invalid, both parties will endeavor to replace the
invalid clause by a valid one that reproduces as closely as possible the
intended economic meaning of the invalid clause. The validity of the rest of
the agreement remains unaffected. This applies in particular if the agreement
is found to be incomplete.
Mereje reserves
the right to modify his general terms and conditions without giving any
justification. In that case, Mereje will give the merchant adequate notice via
email. The notice will contain advice on the right and period of objection to
the changes, and on the consequences of leaving unexercised the right to
object.
Any terms and
conditions of the merchant are not part of this agreement unless Mereje Marketplace
expressly agrees to adhere to them in writing.