Seller Agreement
Shop.Locally.my (“Company” or “we” or “us”) welcomes you as a Seller (as defined in the Terms and & Conditions) on our website, http://shop.locally.my (the “Website”). Your use of the Website and specific tools for Sellers is governed by the following Seller Agreement.
Should you have any queries or concerns in relation to this Seller Agreement, kindly contact us at [email protected]
1.0 Acceptance of Terms
1.1 Scope of Seller Agreement
The provisions below set out your rights and obligations as a Seller on the Website. You may view a copy of this Seller Agreement through the link set out on the main page of the Website. This Seller Agreement is to be read together with the Policies and collectively represent a legally binding agreement between you and the Company.
1.2 Use of Services by Seller
The Company provides e-commerce facilities and services via the Website enabling the sale and purchase of Products between Users of the Website and includes Services. By accessing, browsing and/or using the Website and accessing the tools provided for Sellers, you are deemed to have irrevocably and unconditionally agreed to this Seller Agreement. Please refrain from selling on the Website if you do not agree to any of the terms in this Seller Agreement.
1.3 Amendment of Seller Agreement
The Company shall be entitled at any time and from time to time, to modify, amend or change this Seller Agreement as appropriate and at our sole and absolute discretion. As such, it is your responsibility to regularly visit the Website, view this Seller Agreement and other Policies, and keep yourself updated on any changes made to the same.
Please do not sell on the Website if you are not agreeable to any amendments or modifications of this Seller Agreement. You agree to sell on the Website at your own risk, and your use of the Website and tools for Sellers following any amendment or modification of the Seller Agreement constitutes your agreement and acceptance to be bound by the same.
We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Seller Agreement or your own failure to keep yourself updated on the modifications to Seller Agreement, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
1.4 Company’s Policies to Prevail
You hereby agree and understand that this Seller Agreement, read together with the Terms and Conditions, shall prevail in respect of any matters addressed herein.
In the event of any conflict between any specific terms listed on your Product page/ Seller Store and this Seller Agreement regarding such matter, this Seller Agreement shall override such terms and you hereby agree to be bound by the provisions of this Seller Agreement in its entirety.
2.0 SERVICES FOR SELLERS
2.1 General Services
In operating the Website, the Company provides the following services for you as a Seller:
- advertising and marketing campaigns to promote the Website
- provision of Payment Protection Services for Transactions made via the Website
- review system for Users to submit their comments and rating in respect of Products purchased; and
- provision of services such as payment gateway
2.2 Use of the Website
In using the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting unauthorized access to your account. You hereby agree to accept responsibility for all activities that occur under your account.
While using the Website as a Seller, you will not:
- Post or list inappropriate content or Products on the Website
- Violate any laws, third party rights, or Company policies including but not limited to policies relating to prohibited items
- Manipulate the price of any Product or interfere with another Seller’s listings;
- Manipulate the fee structure, the billing process or any fees owed to the Company;
- Take any action that may undermine the ratings systems;
- Transfer your account to another party without the Company’s consent;
- Copy, modify, or distribute the contents from the Website and the Company’s Intellectual Property Rights or involving any third party;
- Collect information about the Users or third parties as may be available on the Website, including but not limited to email addresses, without their consent; and/or
- Use existing User’s accounts or create new User accounts in order to avoid, buying or selling limits, and other restrictions by the Company.
2.3 Rights of Company
The Company reserves the right to refuse registration, suspend or cease provision of any Services, terminate accounts, remove or edit the contents, or cancel Orders in its sole and absolute discretion.
The Company may limit, suspend, or terminate the Website, its Services and User’s accounts, prohibit access to the Website and its contents, delay or remove hosted contents and take technical and legal steps to keep you off the Website if, based on the Company’s sole and absolute discretion, the Company is of the view that you are or may be potentially creating problems or possible legal liabilities, infringing the Intellectual Property Rights of the Company and/or of third parties, in breach of any of the Terms and Conditions or this Seller Agreement or acting inconsistently with the letter or spirit of the Policies.
Additionally, the Company may suspend or terminate your account if you are a recurring infringer of the Intellectual Property Rights of third parties.
Where there are no sales of the Products on your Seller Store or where you have been inactive for more than twelve (12) months, the Company reserves the right to cancel your seller account and/or remove all Product listings in your Seller Store without notice to you.
2.4 Penalties
As a Seller, you hereby agree to the following penalties. In the event of any breach of this Seller Agreement and/or the Terms and Conditions, the Company reserves the right to impose such penalties as listed below:-
- Temporary or permanent suspension of the affected Product listing.
- Temporary or permanent suspension of Seller Store.
- Cancellation of Transaction.
- Loss or forfeiture of all or part of Settlement Amount.
- Deferment of payment of all or part of Settlement Amount.
- Set-off of any financial penalties imposed or costs to be recovered, against all or part of Settlement Amount, including future amounts as yet uncollected (where the existing Settlement Amount is insufficient to cover such penalties or costs).
- Suspension or termination of Usership.
- Imposition of financial penalties in such amounts as may be provided for under this Seller Agreement.
- Criminal charges.
- Claims for damages or loss caused by breach or non-compliance.
3.0 Requirements to Become a Seller
Joining as a Seller on the Website is free. You must be 18 years old and above, and must be able to form legally binding contracts to be a Seller on the Website.
To complete the registration, you must submit the following:
- A copy of Business Registration Certificate (SSM) for business entity/ a copy of MyKad for individual
- Latest bank statement (with bank logo, company name & account number)
- Other information that the Company deems necessary from time to time. Failure to provide the documentation within the 30days from requested date, the Company reserves the right to terminate or cease the User’s account without prior notice.
4.0 Listing of Products for Sale
4.1 Pricing of Product
You may upload, advertise and offer your Products for sale on the Website, and are at liberty to set your own prices for the same.
Notwithstanding the aforementioned, the price stated for each Product must be an accurate representation of the sale and you are not allowed to manipulate the price of any Product, including but not limited to intentionally stating a lower price for the Product but increasing the Shipping Fee unreasonably.
Failure to comply with Item 4.1 shall entitle the Company to any and all Penalties, which the Company may enforce immediately without notice to you.
You hereby agree and undertake that that all Products sold by you on the Website are lawful and legal to be sold in Malaysia and are in compliance with all applicable laws, including but not limited to the Sale of Drugs Act 1952, Food Act 1983, Consumer Protection Act 1999 and the Communications and Multimedia Act 1998;
- which you are legally authorised to sell or provide;
- which are not listed in Prohibited & Restricted Item Policy
- do not infringe the Intellectual Property Rights of any third party.
- you have obtained all required approvals, licences, authorisations and/or certification from all relevant parties including but not limited to the appropriate authorities and/or brand owners or principals for the sale of Products listed by you on the Website;
- you are the owner and/or are authorised or licensed to use any Intellectual Property Rights embedded in or used in conjunction with the Products listed by you on the Website.
4.3 Prohibited & Restricted Item
You are not allowed to upload, advertise, offer for sale and/or sell Prohibited Products. For details, please refer to Prohibited & Restricted Item Policy.
Failure to comply with Item 4.3 shall entitle the Company to any and all Penalties, which the Company may enforce immediately without notice to you.
You shall provide accurate and non-misleading descriptions of the Products, and shall ensure that the following are clearly stated in the said descriptions:
- the Original Price for the Products;
- the Discounted Price for the Products (if applicable); and
- any additional costs or fees including Shipping Fee and/or taxes (if applicable).
4.5 Product Enquiries from Users
Where you receive an Enquiry from Users via the Q&A section on your Product page, you shall respond to such Enquiry:
- with accurate and complete information; and
- in a prompt and efficient manner, within 72hours from receipt of the said Enquiry.
Failure to comply with Item 4.6 shall entitle the Company to suspension of Product listing until Enquiry is satisfactorily attended to.
4.6 Adequate Stock
As a Seller, you shall be responsible to ensure that there is adequate stock of Products to meet demand at all times. Where the stock of Products is inadequate to meet demand, you must suspend the sale of such Products on the Website until adequate stock becomes available again.
Failure to comply with Item 4.6 shall entitle the Company to immediate suspension of the affected Product listing.
5.0 Uploading of Content
5.1 Requirement for Content
When posting photos, videos, reviews, comments, questions, and upload other contents and information on the Website, you must ensure that such content:
- is accurate and not misleading;
- is not illegal, obscene or threatening;
- is not defamatory or libellous;
- is not invasive of privacy;
- does not include any personal data in contravention of the Personal Data Protection Act 2010;
- is not commercial solicitation, pyramid schemes, chain letters, mass mailings or any form of “spam”;
- is not political campaigning in any form;
- does not consist of or contain computer viruses or other forms of computer codes, technologies or programs that may harm the Website, or the interests or property of Users;
- does not infringe the Intellectual Property Rights of the Company and/or any third party;
- does not violate this Seller Agreement, the Terms and Conditions, Privacy Policy or any other policies of the Company as made known to you directly or through the Website; and/or
- is otherwise injurious or objectionable to the Company or any third parties.
You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content uploaded by you.
5.2 Removal of content by the Company
You acknowledge that the Company shall have the right but not the obligation to monitor and edit any content uploaded by you. Notwithstanding any monitoring, the Company takes no responsibility and assumes no liability for any content posted by you and reserves the right, but not the obligation, to remove any content posted on the Website.
You shall indemnify the Company against all claims resulting from content posted, supplied or uploaded to the Website by you.
6.0 Fulfilment of Orders
6.1 Payment for Order
Where an Order for a Product has been paid for by the Buyer, the status for the Order will be automatically changed to “Processing”, and you will receive an Order Notification via the Website system. Rainmaker Solutions Sdn Bhd is authorised to collect payment on behalf of Sellers.
6.2 Delivery of Product
You will be required take all steps to ensure that the Products are shipped out to the Buyer within the processing time stated in your product page. Delivery shall be deemed performed and completed only upon the Order status on the Website being updated as “Completed”.
If you fail to deliver the Product within such period without proper, reasonable and acceptable justification, the Company shall be entitled to impose on you any and all of the Penalties at the Company’s discretion. Further, the Company shall not be responsible or liable for any losses or damages suffered by you due to such action as may be taken by the Company and/or the Buyer.
(i) Time for Completion of Delivery. Whether the Product is delivered by you/ courier service company/ third party service provider engaged by you, the time for completion of successful delivery shall be within 7 working days.
(ii) Product Non-Delivered/ Non-Traceable after Lead Times. Where a Product has not been delivered and/or is not traceable after 7 working days from delivery date, the Company or the Buyer shall have the right to cancel such Transaction.
6.3 Loss of/Damage to Product During Delivery
Seller to Bear Loss
Where you engage a courier service company to deliver a Product to the Buyer, and such Product is lost or damaged during delivery, you shall be responsible to bear the costs of refund for such lost or damaged Product to the Buyer notwithstanding that such loss or damage was caused by the courier service company.
Seller to Claim Compensation
Any compensation to be recovered from the courier service company thereafter will need to be personally initiated by you, and not the Buyer.
Right to Use Settlement Amount
For the avoidance of doubt, the Company reserves the right to utilise all or any part of the Settlement Amount to resolve any claims the Buyer may make in respect of the lost or damaged Product.
You hereby agree that you shall ensure that any and all Products are securely wrapped during the process of transporting and delivery to the Buyer so as to ensure the safety and integrity of the same.
6.5 Promotional Free Gifts
You shall be required to honour any free gift promotions to all Buyers as specifically stated in your Product page.
Failure to comply with Item 6.5 shall entitle the Company to Suspension of Product listing and/or Recovery of costs for any compensation payable to Buyer pursuant to any recovery or negotiation process conducted by the Company.
7.0 Cancellation, Exchange, Return & Refunds
7.1 Cancellation of Order
Cancellation by Seller
If any Order or Transaction is cancelled due to reasons attributable to you, including but not limited to unavailability of stock for the Products, delay in sourcing the Products and/or Product wrongly advertised or wrongly priced by you, the Company shall be entitled to impose on you Penalty set out at the Company’s discretion.
For each Order cancellation, monetary fine in the minimum amount of RM20.00 to a maximum amount of RM100.00 per Order. For repeated breaches, temporary or permanent suspension of account.
Cancellation by Buyer
Where a Product has not been delivered and/or is not traceable after 7 working days from delivery date, the Company or the Buyer shall have the right to cancel such Transaction.
Cancellation by Company
The Company reserves the right, at its sole and absolute discretion, to cancel any Order or Transaction where the Company is of the view that you are in breach or are potentially in breach of any of the Terms and Conditions or this Seller Agreement, or are acting inconsistently with the letter or spirit of the Policies.
For Cancellation of Order by Buyer or Company due to failure to deliver Products within stipulated period, Where the Company deems appropriate, deferment or forfeiture of all or part of Settlement Amount; and/or any other Penalties.
7.2 Exchanges, Returns and Refunds
Please refer to Return and Refunds Policy for further information in relation to your obligations as a Seller in respect of exchange, returns and refunds.
For the avoidance of doubt, the Return and Refunds Policy shall be read together with this Seller Agreement and the Terms and Conditions as amended from time to time.
Non-compliance with the provisions of the Return and Refunds Policy shall entitle the Company to impose on you any and all the Penalties or such other penalty as the Company shall determine at its discretion.
Failure to comply with Item 7.2 shall entitle the Company to any and all Penalties, which the Company may enforce immediately without notice to you.
8.0 Settlement
8.1 GeneralThe amount payable by the Company to you for any Transactions completed through the Website is referred to as the Settlement Amount. Upon registration as a Seller, you are required to upload your Bank Statement (with Bank name, Bank Account Number and Name). Your Settlement Amount will be paid by way of direct transfer to your designated bank account.
8.2 Payment Gateway Fee
The payment gateway fee of 3% is applicable to all Sellers.
8.3 Transaction Fee
Transaction Fee for Seller will be at minimum 7%. We may provisionally revise the Transaction Fee for certain Seller from time to time.
8.3 Completed Order
A Transaction between you and a Buyer is regarded as complete only upon the Order status on the Website being updated as “Completed”.
8.4 Calculation of Settlement Amount
The Settlement Amount shall be calculated by deducting the Transaction Fees and the Payment Gateway Fees on all Successful Transactions. Transaction Fees and Payment Gateway Fees shall be calculated based on Total Transaction Value (including Shipping Fees).
The Company will deduct the Transaction Fees and Payment Gateway Fee from the Transaction Value, and the balance, being the Settlement Amount, shall, at your option, be directly transferred to your designated bank account.
Examples of calculation
RM120 original price and sell at discounted price RM100. 10% (Payment Gateway + Transaction based on RM100 will be RM10, RM90 will be earned and returned to seller.
8.5 Date of Settlement/ Release Payment to Sellers
The transaction will be settled in Malaysia Ringgit (MYR) and the place of settlement will be in Malaysia. It is recommended that you should have account in the banks in Malaysia. Payment of settlement amount to the merchant is on weekly basis. The cut-off day each week for accounting reconciliation is on Monday. The Company will deposit/ transfer the weekly settlement amount into your designated bank account within 7 working days after the weekly settlement cut-off day (exclude bank’s floating period).
8.6 Deferment of Settlement
The Company reserves the right to defer the payment of any Settlement Amount due to any expense or loss which may have arisen due to your fault, or in order to protect against the risk of liability or any other reason as may be specified under the Seller Agreement and Penalties incurred pursuant to your breach/non-compliance with any of the provisions of this Agreement.
9.0 Handing & Prevention of Dispute
- Sales Invoice
- Consignment tracking details
- Consignment notes with recipient’s name & signature
Supporting Documents for Sales of Service
- Any documents that able to prove service has been rendered
According to the bank requirement, you shall keep all the supporting documents for at least 1 year from the date of transaction for document retrieval purpose & submit to The Company upon bank’s request.
10.0 Management of Disputes
You hereby agree that in the event:
- that you do not or are unable to respond to a Buyer within 72hours of enquiry/ claim submission.
- that you are unable to provide a satisfactory resolution to a Buyer in respect of any matter under this Seller Agreement within 72hours of enquiry/ claim submission
- where you are unable to resolve a dispute with a Buyer;
then the Company shall be entitled to negotiate a settlement with the Buyer on your behalf in respect of such disputes.
You hereby agree that:
- any decision made by the Company shall be binding on you and the Buyer;
- you shall comply with any instructions issued by the Company, through the Customer Service Centre, pursuant to any settlement or decision; and
- any costs incurred in respect of the settlement, including but not limited to refunds, return shipping costs and any other compensation) shall be borne by you.
For the avoidance of doubt, the Company shall be entitled to recover the costs by way of setting off the same against any Settlement Amount owed to you.
You acknowledge that the Company is not a judicial or arbitration institution and will make any decision only as an ordinary non-professional person. The Company does not act as the agent of either you or the Buyer, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of any decision in respect of the dispute.
