This Commission Agreement (“Agreement”) is made between you, whether personally or on behalf of an entity (“you”) and My Eco Best Friend (“we,” “us” or “our”) hereinafter referred to as “MEBF”.
The Seller/Organization and the MEBF shall be referred to herein as a “Party” and collectively, the “Parties“.
WHEREAS MEBF is an online store website that engaged in listing and marketing seller’s products and services on its platform (www.myecobestfriend.com) “Website”.
WHEREAS Seller desires MEBF to list, market and promotes its products and services from and via its website (www.myecobestfriend.com) and through which customers having access to the site will be able to order Seller’s products.
NOW THEREFORE, In consideration of the mutual promises contained herein, the parties, intending to be legally bound, agree as follows:
Seller authorizes MEBF to list, market and serve as an intermediary between seller and its customers and receive order on listed seller’s products and services, request for quote on behalf of Seller.
Organization authorizes MEBF to serve as an intermediary between organization and donators and receive donation from donators on its behalf.
MEBF shall identify itself as a duly authorized middleman/intermediary of Seller/ Organization for the sale of Products and services and receiving donations.
SELLER’S/ ORGANIZATION OBLIGATION.
Organizations shall clearly state the purpose for donation and total amount needed to be donated; and shall permit MEBF to receive funds from their donator through MEBF platform which will be released to the organization at the end of the period of donation.
Seller shall set prices for Products and services listed on MEBF’s online store.
Seller will make available on its sales page: Terms of Sales of its products and services, Return and Refund policy for all the products and services listed.
Seller obliged that all products and services listed on MEBF’s online store are available for purchase and seller is the sole owner of the products and services listed and that the products and services 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.
If seller lists the same products and services on any other online store, the price proposed on MEBF online store shall not be higher compared to other online stores the same products and services was listed.
Seller shall be responsible for every activity involved between seller’s customers including: listing products and services that are readily available for purchase, setting-up and managing stores, agree on Delivery/Shipping condition with customers, inventory management, return and refund policy for all products and services.
Seller will also state clearly on its sales page; seller’s working days, opening, and closing hour. Seller shall ensure any time stated are correct and will be strictly adhere to.
Seller will ensure prompt response to messages, order request, request for quote at most within 3 hours request was sent during working hours and shall ensure purchased products and services are shipped and received by customers within maximum of 5 working days.
If seller repeatedly infringes any seller’s obligation stated above, MEBF reserves the right to suspend the seller or remove, delete or unpublished listed products and services without notice to seller.
This section describes the terms and conditions of how MEBF’s commission is earned and calculated. The seller shall pay My Eco Best Friend a commission fee for providing access to buyers. MEBF is entitled to adjust the commission fee at any time with a notice period of 30 days.
Under this section, MEBF will earn commission on this basis: Sales of products and services, Request for Quote and Donation.
Sales of Products and Services: services will also include Auction & Bidding, Booking & Rentals. MEBF will earn 10% commission on the sales of products and Services (including fees, charges, packaging costs, but excluding shipping and any VAT).
The commission fee applies to all purchase contracts which the seller makes with buyers on the online stores. The commission fee does not apply if the purchase contract between buyer and seller is subsequently dissolved by mutual consent or the buyer does not pay the purchase price, contrary to their obligation to do so.
Request for Quote: If customer request for quote through MEBF online store, the customer automatically becomes MEBF client and Seller must go through MEBF to offer service to customer. Seller is not permitted to do business with the customer outside MEBF online store with regards to the type of product or service the customer made for a request for quote through MEBF. If seller breach this term of transacting with MEBF client outside the platform, MEBF could sue Seller for breach of contract.
MEBF shall be responsible for collecting various data required by seller before a quote can be made. In case some in person meetings are required or in case the seller needs to talk directly with the buyer, MEBF must be advised beforehand and provide his approval. MEBF can also only allow such communication between the buyer and the seller if MEBF representative is also present and involved in the process.
Once the first quote is made the seller must pay 10% of the value of this quote before MEBF will then provide the seller with the customer’s contact details once the payment of this commission is received.
Seller shall provide final contract value within 30 days. In case no contract was signed, or deal done between Seller and Customer, MEBF shall refund half of the 10% commission paid by seller back to the seller and the remaining half of the 10% will be left for MEBF.
Donation: When donations are made through My Eco Best Friend, MEBF shall be entitled to 10% commission of the total money donated through the platform. MEBF will deduct 10% of the total money donated before releasing the funds to the nonprofit organization.
The entitlement to a commission fee comes into effect when selling of Products and Services, Purchased Contract and Donation is concluded between parties involved.
Seller could permit MEBF to manage the store on behalf of the seller; meaning that order management, product creation will be done by MEBF; and Seller will only be responsible for shipping and any VAT/accounting related issues from the moment order request is sent to the seller. With such service MEBF will charge an additional 10% commission on top of the 10% existing commission. This service is optional, and seller can contact MEBF if such service is required from MEBF.
SELLER AND MEBF RELATIONSHIP.
Seller engages MEBF solely for the purpose to list, market and serves as an intermediary between seller and its customers and receives order for listed seller’s products and services, donation and request for quote on behalf of Seller as stated in Section 1 of this agreement. MEBF may only enter into contracts and/or agreements on behalf of Seller as it relates to the sale of listed product(s) and services. MEBF may not otherwise commit Seller to any other obligations whatsoever without separate authorization from the Seller.
CONFIDENTIAL INFORMATION; PUBLICITY.
MEBF will, and will cause our affiliates and employees to, (a) protect and not disclose information that is identified as confidential or that reasonably should be considered confidential to Seller; (b) use this information only to fulfill our obligations under this Agreement; and. This Section 5 covers all confidential information regardless of when it is received.
REPRESENTATIONS AND WARRANTIES.
Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
The failure by either Party to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.
LEGAL AND BINDING AGREEMENT.
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the Switzerland and throughout Europe. The Parties represent that they have the authority to enter into this Agreement.
GOVERNING LAW AND JURISDICTION
These Commission terms and conditions shall be governed by and construed in accordance with Swiss law.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.
By Registering and Signing Up on the website “www.myecobestfriend.com”, you hereby agree to the terms and conditions as stated above.
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