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Terms & Conditions
All the terms and conditions for the store.

Terms and Conditions1.         

Introduction

1.1          Welcome to the 2071Mall platform (the "Site"). Please read the following Terms and Condition carefully before using this Site or opening a 2071Mall account ("Account") so that you are aware of your legal    rights and obligations with respect to 2071Mall Smart E-commerce and its affiliates and subsidiaries (individually and collectively, "2071Mall", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by 2071Mall client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by 2071mall.

1.2          Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.3          2071Mall reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. 2071Mall  may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. 2071Mall  may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.4          We reserve the right to change any of the terms and conditions contained in the Marketplace Agreement and its appendices or any policies or rules governing the Platform at any time at its sole discretion.

1.5          2071Mall shall offer to its’ Seller its services for facilitating online sale of the Seller a product which shall include hosting and technology, customer support, logistics services (if availed by the seller), payment services and all the other related services to ensure customer satisfaction on behalf of the seller. For this the arrangement, the seller shall pay service charges as specified under these presents, to the Company for the sale being effected through the Online Store created on the Company Shopping website of the Company

 

 

BY USING 2071Mall SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO            

 

2.         Obligations of the Seller.

 

 The Seller shall:

 

2.1.      Through the interface provided by the 2071Mall on the creation on Online Store of Seller, shall upload the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through the said online store.

2.2.     Seller shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, and vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. seller shall ensure to upload the product description and image only for the product which is offered for sale through the Online Store and for which the said Online Store is created.

2.3.      Seller shall provide a full, correct, accurate and true description of the product to enable the customers to make an informed decision.

2.4.     Seller shall be solely responsible for the quality, quantity, merchantability, guarantee, guarantees in respect of the products offered for sale through their online store.

2.5.     At all times have access to the Internet and its email account to check the status of approved orders,

2.6.      On receipt of the approved order, Seller shall ready the product to be picked up by a delivery team within a period not exceeding 24 hours or within the time as specified in the product description on its online store.

2.7.      The Seller shall ensure the Products must be adequately available in accordance with Customers’ current market needs. Late fulfillment, repeated cancellations or any actions bringing prejudice to the End-Customer purchasing experience will result in penalties to the seller against the amount of which to be reasonably calculated by the Company.

2.8.      In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Seller at no extra cost to the aggrieved customer. Since the Company is a Facilitator, the Seller hereby authorizes the Company to entertain all claims of return of the Product in the mutual interest of the Seller as well as the Customer.

 

2.9.      The Seller shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure that no material or literature is sent which may be detrimental to the business/commercial interests of the Company,

2.10.    The Seller shall dispatch the Products of the same description, quality and quantity and price as are described and displayed on the Online Store and for which the Customer has placed the order.

2.11.   The Seller shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the UAE law.

2.12.   The Seller shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store

2.13.   The Seller shall pass on the legal title, rights and ownership in the Products sold to the Customer.

2.14.   Seller shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise, and services provided by the Seller.

2.15.   The Seller shall at all-time during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not                infringed.

2.16.    Your value-added tax . (“VAT”) registration details and any additional information requested by us. All registration details or requested information provided to us must be accurate and correct; and

2.17.    You are liable to pay all related taxes to the Federal Tax Authority.

 

3.         Warranties, Representations and Undertakings of the Seller

            The Seller warrants and represents that:

 

3.1.      They have the right and full authority to enter into this Agreement with the Company.

3.2.      All their obligations under this Agreement are legal, valid and binding obligations enforceable in law.

3.3.      There are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement;

3.4.      That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an arrangement with the Company. They shall at all times ensure compliance with all the requirements applicable to their business.

 

3.5.      Seller shall pay the Company a referral charge as specified by the Company on every transaction it enables and that seller shall provide all completed transaction details to the Company for record keeping and reconciliation.

3.6.      Seller shall draw the invoice/bill directly in the name of the Company.

3.7.      Seller shall prior to release of any promotion/advertisement material seek prior written approval for the same from the Company, in so far as the same relates to services offered pursuant to the terms of this Agreement.

 

4.         Consideration and Payment Terms

 

The fees applicable for using our Services depend on the business model selected.

 

4.1.      Seller will not have any registration or signup fee.

 

4.2.      The Company shall collect the Payment on behalf of the Seller in respect of the Orders received through the Online Store. In consideration of the services rendered under these presents, the Company shall charge the Services charges to the Seller at the rates specified by the Company in a referral fee. The Company shall pay the Seller an amount recovered as Price minus the referral charges of approved order(s) through the Online Store.

4.3.      In the event any order is reversed due to “Damaged product”, “Quality Issue”, “Wrong Item delivered”, or any faulty found. The Seller’s agreed to replace the item or accept the return without any additional charges from the Seller.

4.5.      The Company raise the invoices to the Seller three times every month.  E.g. ( 1st -10th of the month, 11th-20th of the month, and last day of the month 21st-31st of the month)

4.5.1.               Seller shall not be liable for any incorrect bank account details provided by the seller, and the consequences thereof.

4.5.2.               The Net amount for sold items will be eligible for transfer 10 days from the order delivery date that is from the day the customer receives the order. Commissions, taxes, refund or other fees will be calculated based on the seller sales transaction report.

4.6.      Seller agrees to bear all the applicable taxes duties, or other similar payments (including VAT) arising out of the sales transaction of the product through the online store and 2071mall.com shall not be responsible to collect, report, or remit any taxes arising from any transaction

4.7.      To authorize payments to the seller, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. The seller hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.

 

5.         Returns

5.1       Customer Returns

5.1.1.   Seller agrees that it is 2071Mall discretion to accept or reject returns of End-Customers in accordance with the online return policy.

5.2       Returns to Seller

5.2.1.   Failed delivery items and returned items will be notified to Seller. Our representative will attempt to resell the item for a period of 45 days. If the item is unsold for 45 days from the date of first inward, The Seller will be notified and we will return the item to your warehouse. The seller should acknowledge the customer returns/manufacture defect item on the limited time frame or else the items will be automatically forfeited.

5.3       Returned Groceries/Fresh Frozen Item

5.3.1    The Seller should accept return fresh and frozen items in case the customer cancel the order and our delivery team will returns the item within 8 hours from invoicing.

 

6.         Company reserves the right:

6.1.      Seller agrees and acknowledges that the Company, at all times during the continuance of this The agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the seller without any prior intimation to seller in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms, and conditions of company Shopping Website. In such an event, the Company reserve the right to forthwith remove/close the online store of the seller without any prior intimation or liability to the seller.

6.2.      Company reserves the right to provide and display appropriate disclaimers and terms of use on company shopping portal.

 

7.         Indemnity

7.1.      The Company agrees to indemnify and to keep indemnified the seller in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.

 

7.2.      This article shall survive the termination or expiration of this Agreement.

 

8.         Company not Liable

 

8.1.      The Company on the basis of representation by the seller has created the online store of the seller on company Shopping portal to enable seller to offer the seller products for sale through the said Online Store. This representation is the essence of the Contract.

8.2.      The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the seller, or any other party whomsoever, arising on account of any the transaction under this Agreement or as a result of the Products being in any way damaged, defective, in an unfit condition, infringing/ violating any laws / regulations /  intellectual property rights of any third party.

8.3.      Seller shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any another related claim) and shall hold the Company harmless and indemnified against all such claims and damages.

8.4.      Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the seller or any of its representatives.

8.5.      The seller hereby agrees, confirms and acknowledges that the Product is owned by the seller and that the Company is merely a facilitator for sale of the seller’s Product, hence the Company is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.

 

9.                Term, Termination, and effects of Termination

 

9.1.      Term: The Term of this Agreement shall commence on the date of execution of the   contract and shall continue for a period of 12 months unless terminated earlier. The Agreement may be extended for such further period as may be mutually agreed by and between the parties hereto in writing to this effect. 

9.2.      This Agreement may be terminated by the Company in the event:

9.2.1.      Seller’s commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not rectified within 30 days after written notice given by the Company.

9.2.2.      If a Petition for insolvency is filed against the seller.

 

9.2.3.      If the seller is in infringement of the third party rights including intellectual property rights.

9.2.4.      This Agreement may be terminated by either party giving the other 30 days written notice.

 

10.       Effect of Termination:

10.1.    In the event of termination/disagree to have the automatic renewal of the agreement, the Company shall remove the Links and shall discontinue display of the Products on Online store within the notice period.  Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the the seller by virtue of termination of this agreement. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.   

10.2.    Intellectual Property Rights: It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or the interest of any nature whatsoever to any of the other Party’s trademarks and / or logos. 

10.3.    Entire Agreement: This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, arrangements, and understandings (whether written or oral) between the Parties with respect to its subject matter   

10.4.    Confidentiality: seller agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to seller under this Agreement. The said information shall not be used by the seller for any purpose other than for the performance of its obligations under this Agreement. seller agrees that the unauthorized disclosure or use of such Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, seller agrees that the Company shall have the right to obtain an immediate law action enjoining breach of this Agreement and/or disclosure of the Confidential Information. Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

 

11.       2071Mall Business Model

11.1.    Commission Fees (Figure 1- Please see in Faq's)

11.2.    The seller must register or signup in the 2071mall marketplace portal and provide the nessesary documents.

11.3.    Merchant has full access to the 2071mall marketplace portal to edit/change/delete and price change of the product. The Merchant is responsible for product upload and must update the stocks to avoid any cancellation.

11.4.    Payment Term: The company raises the invoices to the Merchant three times every month.     E.g. (1st -10th of the month, 11th-20th of the month, and last day of the month 21st-31st of the month).

11.5    The seller is responsible to update the orders within 48 hours, in case the order is not accepted by the seller within that period the status of the orders will automatically expire. Please note that you can still accept the order depending on the customer request.

11.6     The seller should acknowledge the customer returns/manufacture defect item on the limited time frame or else the items will be automatically forfeited.

12.       GENERAL PROVISIONS

12.1     2071Mall reserves all rights not expressly granted herein.

12.2.    2071Mall may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

12.3.    You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

12.4.    Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and 2071Mall, nor does it authorize you to incur any costs or liabilities on 2071Mall behalf.

12.5.    The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into             the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

12.6.    If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: sal[email protected]

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.