Responsibilities of the Maltarea Seller
1. Invoicing, Shipping & Product Liabilities: Please note that we are a marketplace platform and provide marketplace services to you. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging a commission for services associated with it. Therefore invoicing and shipping to customers is your responsibility. Also, any taxation related to the sale of your products like VAT, CST, etc is your responsibility. Also, liabilities arising from the use, consumption and/or interaction with your products are solely yours and maltarea.com will not be responsible for any loss or damage due to your products.
2. Single Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfill all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as color, size, etc.) shall be provided to the buyer.
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Restricted Items hereto.
All listed items must be kept in stock for successful fulfillment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of 'wanted advertisements' that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on the Website. You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
3. No Infringement of Intellectual Property of Company and Third Parties: You must ensure that the listed items do not infringe upon the intellectual property, trademark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.
4. Appropriate Description in Listing: You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.
You shall not provide any information such as a catalog of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.
Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.
You shall not endorse any item other than that being listed by you anywhere on the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer or you have obtained written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
[Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made thereunder that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it maybe applicable.]
4. Categories: If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result in a cancellation of listing.
5. Checking for new orders. It is the marketplace seller’s responsibility to log in and verify whether or not new orders were received. Reliance solely on automated order notifications and order files do not eclipse the seller’s responsibility to log in and verify the receipt of new orders.
6. Order confirmation Orders will be confirmed no later than 2 business days (excluding holidays) from the time they are placed. Orders that are not confirmed within this time frame are subject to cancellation. It is the Marketplace Seller’s responsibility to log in to their account and verify that each order has been confirmed within 2 business days regardless of the method you use for confirming orders, or the order will be canceled. Repeated neglect regarding order confirmation could result in account suspension until the problem is resolved. In extreme cases, account termination could result.
7. Order processing the quick and accurate fulfillment of orders is required within 2 business days of order confirmation. Marketplace Sellers are required to log in to their accounts every day to check for new orders. The minimum requirement for the order processing is the fulfillment of 85% of orders placed.
8. Cancellations Orders that cannot be fulfilled must be canceled within 2 business days. A refund must be issued immediately to customers who have had their orders canceled. An excessive amount of cancellations may result in account suspension until any issues are resolved.
9. Returns Marketplace sellers are required to accept returns within 15 days of the order date. Any buyer who returns a product due to an error on the Marketplace Seller’s part (i.e., wrong product shipped, faulty packaging resulting in damage or loss, item not as described, item shipped past deadline, etc.) shall not be charged shipping, handling, or restocking fees and will be issued a full refund. Buyers must request permission to return a product within 15 calendar days from its order and the Marketplace Seller must respond within 2 business days of the request.
10. Return rate the return rate is calculated by dividing the number of returns by the total number of orders placed. Excessively high return rates could negatively impact a Marketplace Seller’s account status. The target return rate for all Marketplace Sellers is less than 12%. Marketplace Sellers that have a significantly higher return rate than 12% may face account suspension or other corrective actions.
11. Responsiveness to buyers The Marketplace Seller is expected to answer all pre-purchase and post-purchase buyer inquiries in a timely manner (within 48 business hours) and resolve all issues to the best of his or her ability. Additionally, the Marketplace Seller agrees to answer all communication from the buyer within 2 business days to remain in good standing with the buyer. Failure to do so could result in account suspension or other actions.
12. Communication requirements all sellers are required to list a valid customer service email. In addition, all sellers must include a valid phone number. The phone number will not be shared with customers; it is for use by maltarea.com only. All communication with buyers and maltarea.com is expected to be professional and courteous. Any disrespectful remarks to customers and/or maltarea.com employees will be taken seriously and may result in a refund/cancellation of an order, account suspension, or other action.
13. Feedback Any manipulation of feedback is prohibited. Any replies to comments left must be respectfully crafted in a professional tone. Any attempt to bribe a customer to leave positive feedback will result in an immediate suspension and possible termination of your account. Absolutely no personally identifiable information may be posted. This includes, but is not limited to customer's name, address, other contact information, as well as order number or other identifying data. Violations may result in account suspension and payments held for 120 days. maltarea.com has the final word regarding feedback and any resulting actions.
LIST OF RESTRICTED ITEMS
· Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne.
· Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites.
· Body parts include organs or other body parts.
· Bulk marketing tools include email lists, software or other producers enabling unsolicited email messages (spam).
· Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free.
· Child pornography includes pornographic materials involving minors.
· Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection.
· Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials.
· Copyrighted software which includes unauthorized copies of the software, video games, and other licensed or protected materials, including OEM or bundled software.
· Counterfeit and unauthorized goods which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
· Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
· Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items.
· Endangered species include plants, animals or other organisms (including product derivate) in danger of extinction.
· Gaming/Gambling which includes lottery tickets sports bets, memberships/enrolment/ online gambling sites, and related content.
· Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
· Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software's, server’s websites, or other protected property.
· Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts.
· A miracle cure that includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
· Offensive goods which include literature, products or other material that:
· Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors.
· Encourage or incite violent acts.
· Promote intolerance or hatred.
· Offensive goods, a crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
· Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
· Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances.
· Regulated goods which includes airbags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications.
· Securities which includes stocks, bonds, or related financial products.
· Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
· Traffic devices which include radar detectors/jammers, license plate covers, traffic signal changers, and related products.
· Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
· Wholesale currency which includes discounted currencies or currency exchanges.
· Live animals or hides/skin/teeth, nails and other parts, etc. of animals
· Multi-level marketing collection fees.
· Matrix sites or sites using a matrix scheme approach.
· Work-at-home approach and/or work-at-home information.
· Drop-shipped merchandise.
· Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
· The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses.
· Business or websites that operate within the scope of law which is not absolutely clear or is ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online matchmaking, etc.).
· Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes& games of chance).
· The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-rich-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
· Bulk marketing tools include emails, lists, software or other products enabling unsolicited email messages (spam).
· Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services.
· Mailing lists.