As the first party owns the ecommerce platform ( Saudi Bazaar ) ( saudibazaar.com.sa ) and provides Ecommerce services that allow the Trader to sell their products to the buyers through this Platform, and the second party has his own products and wants to use the Platform of the first party sell that products , The two parties have agreed to start cooperation between both of them in accordance with the following terms and conditions.
Agreement: Means this Agreement and its terms, conditions and annexes
The Trader : The second party in this agreement, who is the owner of the Products.
The Buyer : who is a legal person who buys the products through the platform, who called here as a third party.
The Platform : means the Saudi Bazaar, which is the first party in this agreement.
Products : products sold by the Trader through the Platform.
Force Majeure : means any unforeseen circumstances which impede any party from fulfilling its obligations under this Agreement, whether natural or abnormal.
Sales Revenue : means the total sale proceeds from any sales transactions Trader did it through the Platform, including the expenses of shipping, handling, installation, etc. Excluding specific taxes that are calculated separately
Administrative fees : means the service fees paid by the second party to the first party to provide the services
Commission : means the percentage charged by the first party of the products sale price
Official Departments : means the official bodies concerned with ecommerce regulatory trade transactions
Returned Products : means the Products returned by the buyer during the grace period
1.The First Party shall provide the Second Party the opportunity to sell his products and goods on his ecommerce platform (Saudi Bazaar).
2.The two parties agree that upon registration or use of the platform, the second party authorizes the first party to receive on his behalf with payments made through the internet (credit card payment), as well as receiving cash payments from the third party (customers of the platform) if the payment on receipt and the first party is the one who handled the delivery of products, as well as the completion of the sale and dealing with returned products if necessary and the completion of transactions.
3.The First Party must provide sales service to the 2nd party 24/7 – 365, excluding maintenance discontinuation, upgrading or force majeure.
4.The First Party undertakes that the platform services shall meet the requirements of the Second Party (trader) and shall be available to the buyers and guaranteed.
5.The First Party shall give the full assist & support in logistic and technical services to the Second Party to facilitate the sale for an agreed fee.
6.The two Parties agree that the First Party shall have the right to approve the display of the products at the platform or not, after reviewing and scrutinizing it. Also, the first party has the right to decide the content, appearance and design on the Platform, and has the right to modify, suspend or delay the listing or deletion of products.
1.The Second Party undertakes to provide all proof of his personal and commercial identity, and undertakes not to impersonate others.
2.The Second Party is obliged to sell through the platform products that do not infringe the intellectual property rights of others (trademarks, patents, copyrights) or any other proprietary rights. The second party alone shall carry any responsibilities, any legal proceedings or penal sanctions for breach of intellectual property laws.
3.The Second Party shall be committed to the quality of his products displayed on the platform and conforming to the specifications and standards adopted in the Kingdom. And shall be solely responsible for the products offered in the platform against defects, low quality or side effects in using his products by the buyer, and the Second Party absolves the First Party of any liability arising from these issues.
4.The Second Party shall use the available space on the platform to use it for the legitimate purposes agreed upon in a legal manner. He is also committed to sell pre-agreed products.
5.In case the product is re-call or the upon official authorities request, the second party shall submit the documents related to the offered product such as: purchase invoice, source of purchase, proof of product entry to the Kingdom in legal channels.
6.The Second Party agrees and acknowledges that the First Party shall have the right to inform the official and legal authorities in the Kingdom of any sale transactions made through the platform as long as necessary and by a documented official request, which includes but is not limited to: User data, contact addresses, internet protocol address, usage history and content posted on the site.
7.The Second Party shall abide by the prices offers on the First Party Platform, and shall bear any errors caused by him or his representative. He also undertakes to provide the quantities in his warehouses and make available quantities to platform customers , and the if the inventory appearing available to customers of the platform and could not be provided when the actual demand, the second party is responsible to provide it from the market, if there are differences in price between the original price and its value in the market The second party shall bear that differences including the cost of shipping from any region to any region in the Kingdom.
8.The Second Party shall be responsible for paying any taxes or fees imposed by the Government on the sales transaction, such as VAT and others, and shall be solely responsible for such matters.
9.The Second Party shall exempt the First Party and his representatives from any claims, damages, fines and expenses that may arise as a result of the trader’s breach of his obligations towards the buyer, or as a result of the side effects of the product caused by the buyer, or because of a violation by the trader of the intellectual property rights of others.
10.The Second Party shall abide by a return or products change system stipulated in the instructions of the Saudi Ministry of Commerce, moreover The second Party shall authorize the second party to execute this obligation immediately whenever necessary on its behalf and shall be obliged to indemnify the First Party for whatever results from the implementation of this obligation.
11. The second party shall abide by the official e-commerce law of return and change stipulated in the instructions of the Ministry of Commerce , and the first party shall be authorized to implement this obligation immediately whenever necessary on his behalf and he shall compensate the first party for everything that results from the implementation of this commitment.
12. The second party is obligated to provide the pallets for his products at the first party warehouses.
13. If the second party causes any suspension ( temporary or permanent ) or any kind of damage to the platform, as a result of a violation of its obligations to the third party (the buyer), whether the delivery delay, the quality of the products, etc., then the first party (the platform) has full right to be compensated from the second party for these damages, which appreciation will be left to the court or the competent authority or judicial authority concerned with such matters.
1.The Second Party shall authorize the First Party to receive the payment from the Third Party (Buyer) on his behalf if the payment methods through the network or credit cards or if the payment done as cash on delivery.
2.If the buyer is paid in accordance with paragraph 1, the first party shall issue a statement of sales proceeds to the second party on a monthly basis at the end of each month, and shall be sent to him for conformity and review within 7 days.
If the first party does not receive any comments from the second party during this period, the statement shall be deemed valid and payment shall be made to him by depositing the value in his bank account or issuing a check in his name after deducting any expenses, due amounts and commission due to the first party.
3.if the purchases amount paid directly from the third party (the buyer) to the second party (the Trader), the second party shall notify the first party of the total value of sales made through the platform at the end of each month by account statement to be sent by him to the first party.
In this case the second party must pay VAT, administrative fees, if any, and the commission due to the first party by bank check or deposit in the first party bank account within one week from the date of the statement unless there are comments from the first party on the statement.
4.Cash on delivery fees, if any, which are charged to the third party (the buyer) is the inherent right of the first party (Saudi Bazaar) whatever the party collecting the first party or the second party.
1.The Agreement validity is one year commencing from the date of signature.
2.Each Party have the right to terminate the Agreement if the other Party breaches its obligations under it, commits an explicit breach of any provision of this Agreement, or if either party has closed its business or bankruptcy or the ownership of the entity in this Agreement has changed.
1.The email addresses and mobile numbers indicated in the introduction to this contract shall be the officially approved correspondence way.
2.The rules and regulations of Saudi Arabia shall apply to this Agreement.
3.If there is any dispute that cannot be resolved amicably between the two parties, both of the parties’ resort to the Islamic courts and specialized courts in the city of Riyadh, which is the place of litigation approved.
If any party believes that he has any rights to claim, and the first party believes the opposite, the concern party has a period of a maximum 90 days for litigation, and cannot entitled after that period to return to that subject.
4.In case of recourse to the judiciary, and the conviction of the second party , the second party shall bear the expenses and fees of litigation at the rate of 25% of the amount sentenced, provided that the amount to be not less than 25,000 SR.
5.This Agreement is made up of 6 Articles, 4 pages and 2 copies, one copy to each Party to follow the rules of it.
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