Vendors Terms and Conditions
VENDOR TERMS AND CONDITIONS
Last Updated: 09/01/2024
Vendor Registration and Account
1.1. By registering as a Vendor on Simubay, you agree to provide accurate and complete information, including but not limited to your business name, business identification number (where applicable), contact details, and product/service information. (See privacy policy for additional details)
1.2. You are responsible for maintaining the confidentiality of your account credentials and ensuring the security of your account. Any activity occurring under your account is your responsibility.
1.3. Simubay reserves the right to approve or reject Vendor applications based on criteria such as product quality, business practices, and adherence to Simubay’s policies. Transparency regarding approval or rejection criteria will be provided to potential vendors.
1.4. Data Handling. Vendors are also responsible for the handling of data, given that they have access to client information via the platform. Vendors must adhere to all relevant data handling laws and regulations, ensuring the privacy and security of client data.
1.5. Data Breach Notification. Vendors should promptly notify Simubay in the event of a data breach. Immediate reporting allows Simubay to take necessary measures to mitigate the impact and uphold the security of the platform and client data.
Termination of Vendor Account
2.1. Termination Process. Simubay reserves the right to terminate a vendor’s account under certain circumstances, including but not limited to the following:
- Violation of Terms. In the event of a material breach of these Vendor Terms and Conditions by the Vendor, Simubay may terminate the Vendor’s account. Material breaches include but are not limited to, repeated violations of product listing standards, non-compliance with shipping guidelines, or failure to adhere to applicable laws and regulations.
- Non-Rectification. If a Vendor fails to rectify a violation within a specified period after receiving notice from Simubay, the platform may proceed with the termination of the Vendor’s account.
2.2. Notice Period. Simubay will provide the Vendor with reasonable notice before terminating the Vendor’s account, except in cases where immediate termination is necessary to protect the integrity of the platform or to comply with legal requirements.
2.3. Outstanding Obligations. Upon termination, the Vendor agrees to fulfill any outstanding obligations, including but not limited to shipping pending orders, addressing customer inquiries, and resolving ongoing disputes.
2.4. Effects of Termination. Termination of the Vendor’s account may result in the removal of product listings, cessation of access to Simubay’s platform, and forfeiture of any fees paid or payable.
2.5. Right to Appeal. Vendors have the right to appeal a termination decision. The appeal process will be communicated to the Vendor upon notice of termination.
2.6. Survival. Clauses related to confidentiality, intellectual property rights, and any other provisions necessary for the interpretation or enforcement of these Vendor Terms and Conditions shall survive termination.
2.7. Final Settlement. Simubay and the Vendor agree to a final settlement upon termination, outlining any financial or contractual matters that need resolution.
2.8. Modification of Termination Process. Simubay reserves the right to modify the termination process outlined in this section. Vendors will be notified of any changes, and it is the Vendor’s responsibility to review and comply with the updated termination process.
Product Listings and Descriptions
Vendors must ensure that all products uploaded to Simubay do not appear on the prohibited list of items. It is the vendor’s responsibility to review and comply with this list to avoid listing any restricted or prohibited items.
3.1. As a Vendor, you are responsible for accurately describing your products or services, including price, specifications, and other relevant details.
3.2. Product images and descriptions submitted to Simubay must be owned by the Vendor, and the Vendor grants Simubay the right to display and promote these materials on the platform.
3.3. Simubay may, at its discretion, moderate and request changes to product listings that do not comply with Simubay’s standards or violate applicable laws. The moderation process will include clear communication with vendors and provide specific steps for compliance.
3.4. Simubay reserves the right to delete, with immediate effect, any listings that are not aligned with these Vendor Terms and Conditions. Vendors will be notified of such deletions and the reasons behind them.
3.5. Repetitive non-compliance with point 2.4 may result in the suspension or termination of the Vendor’s account. Simubay will notify the Vendor of such actions, providing an opportunity for rectification, but reserves the right to take further measures to maintain the integrity of the platform.
Order Fulfillment and Shipping
4.1. Vendors are responsible for the timely fulfillment of customer orders in line with their shipping policies. This includes processing orders promptly, providing accurate shipping information, and ensuring the quality of the products.
4.2. Vendors must adhere to Simubay’s shipping and delivery guidelines, providing customers with transparent and accurate information regarding shipping times and tracking.
4.3. Vendors must regularly update product availability on the platform. If a product is out of stock or discontinued, the vendor should promptly update the information on Simubay.
4.4. International Shipping and Customs Compliance. Vendors engaging in international sales must familiarize themselves with and adhere to all applicable customs regulations, both in the country of origin and the destination country. It is the vendor’s responsibility to ensure that their products comply with import and export laws.
4.5. Vendors must accurately and truthfully complete customs declarations for international shipments. It is essential to provide detailed and precise information about the contents, value, and origin of the products being shipped.
4.6. Vendors are encouraged to maintain open communication with international buyers. This includes providing timely updates on shipping status, responding promptly to inquiries, and addressing any concerns related to cross-border transactions.
4.7. By engaging in international sales on Simubay, vendors acknowledge and agree to comply with all relevant customs regulations, shipping policies, and considerations outlined in this section. Non-compliance may result in account suspension or termination.
Communication with Buyers
5.1. Vendors must maintain clear and open communication with Buyers. This includes responding to inquiries promptly, providing accurate product information, and addressing customer concerns or issues.
5.2. In the event of a dispute, Vendors are encouraged to work with Buyers to resolve it within the initial 48-hour period. If a resolution is not achieved, Simubay may be involved in the dispute resolution process.
- Payments and Fees
6.1. Simubay may charge fees for the use of its platform, and Vendors agree to comply with Simubay’s fee structure. Details of the fee structure, including when and how fees are charged are transparently explained in our Fees and Reward Policy.
6.2. Vendors are responsible for setting and managing their product prices, including any applicable taxes. Simubay may facilitate payment processing on behalf of Vendors.
Compliance with Laws and Regulations
7.1. Vendors must comply with all applicable laws and regulations, including but not limited to product safety standards, intellectual property rights, and tax obligations. This is extended to each country to which a Vendor may choose to distribute their products.
7.2. Simubay reserves the right to suspend or terminate a vendor’s account for any violation of these Vendor Terms and Conditions. Non-compliance consequences will be communicated to vendors.
7.3. Vendors must adhere to data security standards when handling customer information. This includes protecting sensitive information and complying with applicable data protection laws.
7.4. Data Privacy. Vendors are accountable for ensuring data privacy in their operations. This includes but is not limited to the proper handling, storage, and protection of client information. Vendors must comply with applicable data protection laws and regulations.
7.5. Illegal Use of the Platform. Vendors explicitly agree that if they use the Simubay platform for illegal purposes, Simubay may retain fees and take appropriate legal action. Engaging in illegal activities on the platform is a violation of these Vendor Terms and Conditions and will result in severe consequences.
Modifications to Vendor Terms and Conditions
Simubay reserves the right to modify these Vendor Terms and Conditions at any time. Vendors will be notified of such changes, and it is the Vendor’s responsibility to review and comply with the updated terms. The notification process will be clearly outlined.
Use of Vendor Images and Content
License Grant, by uploading or posting any content (hereinafter referred to as “Vendor Content”) on Simubay, you grant Simubay a non-exclusive license to use the Vendor Content. This includes a license to enhance/resize images you might upload, as well as translate product descriptions, listings, and tags.
By uploading Vendor content, you also agree that Simubay utilizes images & and product descriptions to promote itself in the best interest of Simubay & and the Vendors.
User Agreement, by using Simubay’s platform, vendors implicitly agree to the terms outlined in this section regarding the use of Vendor Content. The vendor registration application shall be also intended as an implicit agreement to these terms.
Contact Information
For any questions regarding these Vendor Terms and Conditions, Vendors may contact Simubay at vendor.support@simubay.com. Additional contact information, such as a phone number or physical address, may be provided for alternative communication channels.
Additional Details & Initiatives
Vendors may collaborate with Simubay on marketing initiatives or special events. Such collaborations will be based on mutual agreement, and vendors should adhere to the terms outlined in any collaboration agreements.