Seller Terms & Conditions
INTRODUCTION: These terms and conditions (the Site Terms) set out how you may use our services to sell your Beauty merchandise (Products) via ecommerce Marketplace platform, or the relevant part of the Marketplace (Site).
AywaCart.com site is owned by planet of beauty cosmetics trading, Incorporated under the laws of the United Arab Emirates under license number – CN-1805916, Abudhabi.
Eligibility for Membership: By using the Site and accepting our Terms and Conditions, you acknowledge that you are at least 18 years of age before you became a member of the Site and all members should be able to form legally binding contracts. AywaCart.com should believe that member to be above the age of 18 years if we find below the age we reserve the right to limit or withdraw access to the Site for any member. If you are registering as a business, you acknowledge that you have the authority to bind that entity by these Terms and Conditions and that you and the business entity will comply with all applicable laws relating to online trading.
SELLER ACCOUNT: As per site instructions seller need to create the account for each elected country. If business, you need to be able to conduct business in that Chosen Country in accordance with the laws And individual you need to be a resident of chosen country. You must first familiarize yourself with the process set out on the Site and all the Site Terms. You agree to provide all relevant information to us, and provide valid supporting documents. Should not register under a false name and/or impersonate any other Sellers’ log-in credentials, or password(s). Such fraudulent conduct could result in violation of applicable federal, national, regional or international laws and regulations.
According to these Site Terms, we offer web and mobile sites for you to offer Products (as selected by you and agreed with us) to customers, and complete transactions. The Seller acknowledges that AywaCart.com does not take title or ownership of the Products or the inventory of Products at any point in time by virtue of the provision of our service according to these Site Terms. Title to the Products shall remain with the Seller until successful and completed delivery to its customer, or upon return to the Seller.
PIN: You will be allocated with, a user name; password and you must treat such information as confidential. You may not disclose your password to any third party. You are solely responsible for maintaining the security of your password. If you feel your account information is disclosed, you must immediately change your password and we have the right to disable any user identification name or password at any time, if you have failed to comply with any of these Site Terms.
Prices: Base Currency- All fees and prices are in US DOLLARS. You might see Fees/prices in your local currency based on standard currency exchange.
Payments & Fees: AywaCart.com does not charge any fee for browsing, selling, and buying listed items on the Site. AywaCart.com charges transaction fees to all sellers when their item is successfully sold on the Site.
All seller dues & payables (processing fees, commissions, and return fees, others…) to AywaCart.com will be deducted from the amounts collected on behalf of the Sellers after a successful sale transaction.
Seller is responsible for payment of taxes in connection with Products (including penalty payments that may be imposed by Authority for late or non-payment of such taxes, in each case in accordance with any Applicable Laws), Except as provided otherwise, our fees for Our Services are set out on the Site or as illustrated through the Seller’s account for each Elected Country, as may be updated from time to time. You authorize us to obtain credit reports about you from time to time, where agreed with you in each case, to obtain credit authorizations from the issuer of your credit card, and to charge your credit card or debit your bank account for any sums payable by you to us. Except as provided otherwise, all amounts, payments contemplated by these Site Terms will be expressed and displayed in the currency set out on the Site or referenced through the Seller’s account.
All fees payable by Seller under these Site Terms are exclusive of applicable taxes and duties, including, without limitation VAT, sales and similar transaction taxes, excise taxes and gross receipts taxes (“Indirect Taxes”). Fees payable by Seller are subject to Indirect Taxes, then the Indirect Taxes will be charged by AywaCart.com in addition to the fees payable under these Site. Seller will provide such information to AywaCart.com as reasonably required determining whether AywaCart.com is obligated to collect Indirect Taxes from Seller or to allow complying with its legal obligations in relation to the correct collection and enforcement of Indirect Taxes. Shipment charges incurred by AywaCart.com in UAE in relation to Seller or a customer if any will be deducted by AywaCart.com before releasing payment during the relevant month.
We will use reasonable endeavors to ensure that the cost of each item minus our fee as set out on the Site will be released to Seller’s account on the Site in accordance with the relevant payment terms set out on the Sites after successful Product delivery, and in any event not later than thirty days after delivery. This period will always be subject to any customer dispute or dispute resolution time. Thereafter, Sellers can transfer such balance to his/her bank account at any time. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to us, subject to chargeback or reversal or amounts withheld for anticipated claims in accordance with these Site Terms. The parties shall endeavor to resolve all and any payment conflicts amicably, and in the absence of an acceptable resolution, the parties will refer the conflict in accordance with clause Notwithstanding any other provision of these Site Terms and without prejudice to AywaCart.com other rights and remedies, Seller indemnifies AywaCart.com for all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered (a) if the Seller’s Product is found counterfeit or refurbished or not to be original; or (b) any other type of fraudulent conduct is identified on the part of Seller.
The site may decide to temporarily modify the fees for promotional purposes, such as free shipping days or launching new services, and such temporary modifications are effective immediately when we post them on the Site.
Seller Warranties: Seller will be the solely responsibilities for the Warranties for products offered on AywaCart.com are covered directly by the supplier. It should be mentioned in the description of the item on AywaCart.com and warranty conditions will apply according to the suppliers warranty terms and conditions. Seller will neither sell nor deliver to a customer any refurbished or used items.
RETURNS: Seller agrees to our return and refund policy as referred on site , Whereby product sold on AywaCart.com are subject to return and refund as applicable period starting from the date of delivery to the customers. The return policy applies as long as in original packing and are returned by the customer in original condition. Our Team will arrange courier to pick up the return items and give to the seller and seller should refund full amount to relevant customer. Subject to provision of this clause seller must always accept the returns. In the event of a return which is not based on any alleged breach of Seller’s obligations, AywaCart.com will not levy any costs or penalty (unless expressly stated otherwise in these Site Terms).We shall return the Products to your designated shipping address. If designated shipping address is out-dated or incorrect we cannot make re arrangements for you to pay for the return shipment, then the Product(s) will be deemed abandoned and we, to the extent permitted by Applicable Laws, may elect to dispose of them. You will reimburse us for all costs and expenses we incur in connection with the storage, and return or disposal of any Products.
CONFIDENTIALITY: In use of Our Services, you may receive information relating to us or to Our Services or any transactions, which is not known to the general public. You agree that you will use Confidential Information only as is reasonably necessary for your participation in Our Services otherwise you will not disclose Confidential Information to any other person. You may not issue any press release or make any public statement related to Our Services or use our name, trademarks, or logo, in any way without our advance written permission.
Suspension, Limit/Withdrawal of Access: AywaCart.com may cancel your account, suspend, limit your Access to the Site at any time, without notice, for any reason, including, but not limited to, breach of this User Agreement.
Revisions & Update: The site reserves the right to make changes in the Site, policies, and these Terms & Conditions at any time and in its sole discretion without your prior consent and with immediate effect by posting a notice of the amendment on the Site. If any of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, they shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms & Conditions. AywaCart.com will notify you of any amendment to these Terms and Conditions, provision of any of Our Services and the procedures by which Seller receives any of Our Services that materially increases your obligations or decreases your rights in accordance with the terms of these Terms & Conditions. May also, from time to time change any of Our Services to the extent required to comply with any change in Applicable Laws in the Elected Country.
Independent Parties or Agency: You and the AywaCart.com Contracting Parties are independent contractor nothing in this Agreement shall be deemed to constitute a partnership or agency in law between you and AywaCart.com and you shall have no authority to bind AywCart.com in any manner. These Site Terms will not create an exclusive relationship between you and us.
Information Disclosure: We the site committed to preserve and protect your privacy and we reserves the right to report any activity that either it suspects violates any Applicable Law to appropriate law enforcement officials, regulators, or other third parties. You hereby grant AywaCart.com the right to, and irrevocably acknowledge and agree that AywaCart.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under these Terms &Conditions to any of its affiliates without requiring your further specific agreement. You may not at any time, without the prior written consent of AywaCart.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms & Conditions without the prior written consent of AywaCart.com AywaCart.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site.
However, we are legally bound to disclose your personal information in the following cases
In the event of a sale of AywaCart.com, your personal data may be disclosed to any potential purchaser for the purposes of the continued provision of the Site or otherwise in relation to any such sale.
If we obtain a court order or similar lawful procedure requiring us to share your Personal Data to law enforcement agencies, government agencies, or third parties, When we are required to disclose your Personal Data to comply with the law, When we are cooperating with an ongoing law enforcement investigation, When we have a good faith belief that our disclosure of your Personal Data is necessary to prevent physical harm or financial loss, To report suspected illegal activity, To investigate a possible violation of our Terms and Conditions .
GOVERNING LAW: These Site Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.
Entire Agreement: These Terms and conditions and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied. These Terms and Conditions constitute the entire agreement between you and AywaCart.com with respect to the subject matter hereof.
FORCE MAJEURE: Neither party will be liable for any delay or loss or damage or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labor disruptions, blackouts, embargoes)
Listing Items for Sale: As a registered on the Site, you may list item(s) for sale on the Site. You accept and signify that you are the sole and exclusive legal and beneficial owner of any and all items of any description that you list for sale on the Site and you have the whole right and authority to use such items for trade. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of these Terms & Conditions. You agree not to list a single item multiple times across various categories on the Site. When listing items, you may only include text descriptions, and pictures that describe your item for sale accurately. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You grant and agree that AywaCart.com has the right to delete such multiple listings of the same item.
While posting you agrees that you will not:
- Post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
- content or items that may be considered culturally or religiously offensive in any way;
- content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
- content or items that may threaten national security;
- content or items which may constitute or be considered to promote gambling;
- securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
- living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;
- weapons of any description;
- liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
- items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
- non-transferable vouchers; and
- post items you do not have a right to link to or include;
- post counterfeit or stolen items;
Shipping Fees for Returns: As long as the product is unopened and still in its original condition and packaging you can return, Policy for charging shipping fees for returned items
A ) In case the returned item is due to the seller’s fault, and the buyer claimed to return it within fifteen days of receiving the item, then the seller will be responsible for the delivery and return shipment fees. If the buyer in such a case claimed an item for return after the 15 days of the date of delivery and the return request is approved, then the buyer will pay the delivery shipment and the return shipment fees.
AywaCart.com will NOT deal with or provide any services or products to OFAC sanctioned countries in accordance with the law of UAE.
Some of the items that cannot be returned are:
Mascara, eyeliner, nail polish, lip gloss, hair care products (shampoo, serum, conditioner, masks, and gel), eye lashes, eye lenses and eye serums is not eligible for return.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Also, any consumable items that are used or installed cannot be returned.
DUTIES- Use the Site for lawful purposes must comply with all Applicable Laws in the Elected Country and you acknowledge that these may vary between different Elected Countries. You must ensure that your Products correspond to the images uploaded to the Site and information supplied to us. It is your duty not to place any misleading advertisement or information about your Products or a brand on the Site and harmful products (including, for example, to the health and safety of individuals) may require you to provide additional warranties. Liabilities incurred for not following relevant health and safety requirements and/or selling Products which are harmful to individuals or any Persons property will be at your sole risk and cost. We have the right to reject Products that fall under our prohibited item list.
- provide (on request) an updated copy of your trade license (if you are a corporate Person) or a copy of your passport or national ID (if you are a natural Person);
- remain responsible for after-sales services, guarantees, warranties, maintenance, and any defects that may arise for or in respect of your Product
- Fulfill your Products using one of our authorized third party courier companies which we will notified you through seller account.
- Package each of your items in a commercially reasonable manner fulfilling with all applicable packaging and labeling requirement, packing slip if applicable, any tax invoices within each shipment
- Be the Seller of each of your Products and not act on behalf of any other Person
- Do not contact customers regarding for order or deliveries or any other reason (whether by telephone, email or other communication method) except as expressly permitted by site terms and conditions.
Account information: You can save your account details like credit card and/or bank account details in the “My Account” section of the Site, which it would be required for billing purposes and to fulfill your orders. After you complete your registration on the Site, you should not post any personal or financial information anywhere on the Site other than on the My Account section of the Site. Restricting the posting of personal information to the My Account section of the Site protects you from fraud or identity the theft.
Copyright: All Information content posted on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of AywaCart.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
Buyer Protection: AywaCart.com provides buyer protection to the Users who shop on our site, users receive full (total Value of the item) or partial refunds if the item is not as described by the Seller or if they don’t receive their item, received an item worth significantly less in value compared to what was described by the seller. This guarantee is offered by site to ensure buyers that their purchase is protected against fraud by any seller on the Site.
To be eligible, the buyer needs to file a complaint with AywaCart.com within 15 days of the initial date of delivery if the item hasn’t been received, or within 15 days from the effective receiving date of the relevant item. AywaCart.com will investigate the matter and if it has been determined (in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which AywaCart.com has reimbursed the buyer, AywaCart.com may limit, suspend or withdraw the seller’s access to the Site and/or the seller’s membership and AywaCart.com will charge the seller for AywaCart.com’s costs in reimbursing the buyer and for any handling and shipping. AywaCart.com reserves the right to take such further steps as it considers necessary, including, but not limited to, legal action. You acknowledge and agree that if any item returned to AywaCart.com by a buyer is fraudulent or unlawful, then AywaCart.com may in its sole discretion destroy the item or take any other steps as it considers necessary.
Termination and Limitation of Liabilities: You acknowledge and agree that you are fully responsible for your use of the Site. On the Site the sellers whose items are available for sale are independent suppliers and are not employees of AywaCart.com. In no event shall AywaCart.com be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any seller, for any personal injuries, death, damage, or losses of profit, goodwill, data, information, and other intangible losses resulting from a direct or indirect connection with your use of the Site, or costs resulting there from You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your sole risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), AywaCart.com will not be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) The modification, removal or deletion of any content submitted or posted on the Site. If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. (b) Inability or any delay or to use the Site or any information, products or services advertised in or obtained through the Site; (c) Your AywaCart.com membership, any termination or cancelation of your membership; (d) Any products or services made available or purchased through the Site, including any damages or injury arising from any use of such products; (e) Any action we take or fail to take as a result of communications you send to us; or (f) This Site, or any other Site or resource you access through a link from this Site;
THIRD PARTIES: Except in the case of Affiliates of AywaCart.com, a Person who is not a Party to these Site Terms may not enforce any of them.