DUTY FREE ZONE INC


Conditions of use for sellers.


Seller Agreement


This Seller Agreement (this “Seller Agreement”) governs your use of the DutyFreeZone.com (the “Site”) to post items for sale and to use this Site for all other related purposes. Please read this seller agreement carefully. You must agree to these terms in order to access and use this site. If you agree to the terms this seller agreement, please click on the “i have read, understand and agree to this seller agreement” under your seller account settings. You may then proceed to use this site. If you do not agree to the terms of this seller agreement, do not use this site.


Introduction


Duty Free Zone (“DutyFreeZone.com”) reserves the right to change any of the terms and conditions contained in this Seller Agreement or any policies or rules governing this Site or services offered by DutyFreeZone.com, at any time and in its sole discretion.


Any such changes will be effective upon the posting of the revised Seller Agreement or such policies and rules on the Site. Material changes to this Seller Agreement shall be accompanied by a thirty (30) day notice on the Site. You are solely responsible for reviewing any such notice and any applicable changes. Your continued use of the site following any such changes will constitute your acceptance. If you do not agree to any such changes, do not continue to use the site or associated services.


Terms of Use and Privacy Policy


The terms of this Seller Agreement are in addition to and supplement DutyFreeZone.com’s Terms of Use (“Terms”), Privacy Policy and Return Policy. By clicking below to enter this Seller Agreement, you also affirm your agreement to abide by the Terms, the Privacy Policy and the Return Policy.


Seller Eligibility


You must be eighteen (18) years or older to use the Site and must be able to lawfully enter into and form contracts under applicable law within your country..


Prior to making any listings on the Site, you must set up a seller’s account (“Seller’s Account”) with DutyFreeZone.com. To set up a Seller’s Account, you must provide your real name, current address, registered office address, phone number, email address, valid credit card information, bank account number, employer identification number, and any other information requested by DutyFreeZone.com.


You authorize DutyFreeZone.com to verify the accuracy of your information and to perform credit or background checks as it desires. DutyFreeZone.com may deny or terminate any Seller’s Account for any reason.


Purpose and Use


DutyFreeZone.com provides the Site solely as a location for buyers (“Buyers”) to locate and purchase new (and used) products (“Products”) which are offered by sellers (“Sellers”) like you that are independent or vendors of DutyFreeZone.com.

When Buyers purchase Products on the Site, they are purchasing the Products from DutyFreeZone.com and not from you.


You agree that DutyFreeZone.com is not an agent for you or for the buyer and has no authority to act on your or the Buyer’s behalf.


You agree, represent and warrant that your use of the Site will comply with all applicable laws, ordinances and regulations.


At any time, DutyFreeZone.com may terminate this Seller Agreement and may halt any pending listings or sales at any time without notice to you.


Payment


1.1 When Buyers make an order through the Site, DutyFreeZone.com shall contact you via your seller interface and/or via email with an offer to purchase the Products specified on the order from the Buyer. You must respond instantaneously by way of automatic e-mail confirmation (“Order Confirmation”) to confirm whether you accept the offer to purchase. By sending the Order Confirmation, you are confirming that you have the Products in stock and they are available for either shipment or collection immediately.


Any Order Confirmation must include verifiable collection information, including a unique identifying code to be used as proof of purchase for the purposes of shipment or collection of Products.

DutyFreeZone.com will pay to you the cost associated with collected orders within thirty (30) days of your Order Confirmation (“Purchase Payment”).

Notwithstanding the terms of Section 5.3, any other amounts owed to DutyFreeZone.com pursuant to the Seller’s Guidelines (“Seller’s Guidelines”) will be deducted from the Purchase Payment.


DutyFreeZone.com may set transaction limits on any Seller and will not be liable to Seller for blocking or otherwise refusing to proceed with any transaction. DutyFreeZone.com also reserves the right to withhold the payment of the Purchase Payment if DutyFreeZone.com are currently investigating any claim or any suspected or alleged wrongful conduct by you or any violation of this Seller Agreement, and you agree that DutyFreeZone.com will not be liable to you for any such amounts.


Upon any termination or suspension of a Seller’s Account, DutyFreeZone.com may hold all Purchase Payments for up to ninety (90) days to allow for the settlement of all amounts owed to DutyFreeZone.com.


Information and Content Provided by Sellers


You agree and warrant that any product description you provide on the Site and any other information and/or content you provide to Buyers or to DutyFreeZone.com at any time (“Seller Content”) meets the following conditions: is truthful, accurate and not misleading or otherwise deceptive; does not violate the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; does not violate any law, statute, ordinance or regulation; is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and does not create any liability for DutyFreeZone.com.


You agree that all Seller Content may be publicly displayed on the Site and for promotional purposes on and by other media at the discretion of DutyFreeZone.com and at no charge to DutyFreeZone.com.


You agree that all Product listings advertised for sale on the Site are available and in stock. In the event that a Product is no longer available for any reason, all Seller Content in relation to that Product will be removed from the Site without delay.


You automatically grant, as well as represent and warrant that you have the right to grant to DutyFreeZone.com (which includes, without limitation, all of DutyFreeZone.com’s related and affiliated companies), an irrevocable, perpetual, sub-licensable, transferable, non-exclusive, royalty-free and fully paid-up, worldwide right and license to use, copy, transmit, perform, display, modify and create derivative works, incorporate and imbed into other works, and distribute Seller Content throughout the Site and to all of the DutyFreeZone.com properties and sites (including, without limitation, those properties and sites of DutyFreeZone.com’s related or affiliated companies) in any medium or form now existing or later created.


Products You Sell Through the Duty Free Zone

You hereby represent and warrant that you will not list, offer or sell Products that: are stolen or counterfeit; violate the intellectual property rights of others such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy.

You do not have full right and authority to sell; contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; violate any law, statute, ordinance or regulation (such as those governing export control or consumer protection); contain any material that is obscene, pornographic or contains child pornography; and/or create liability for DutyFreeZone.com.


All listings will comply with the (DutyFreeZone.com commercial terms) (“Commercial Terms”) which are deemed incorporated into this Seller Agreement. You agree to sell the Product to DutyFreeZone.com for the listed purchase price set according to the Commercial Terms is net of any commission owed to DutyFreeZone.com. By posting a Product on the Site, you agree to complete the transaction as contemplated by this Seller Agreement.


Pick up order

DutyFreeZone.com will notify you of an order placement and issue a subsequent offer to purchase via your seller interface on the Site and/or via email.

You agree to make available for collection by the consumer or buyer any products ordered by DutyFreeZone.com immediately following such notification of the order.

You shall provide notice of pick up notice (“Pick up Notice”) to DutyFreeZone.com through your seller interface on the Site, and you hereby represent and warrant that you will only provide a Pick up Notice following your actual delivery of the Product.

If DutyFreeZone.com does not receive a Pick up Notice within seventy two (72) hours window, DutyFreeZone.com may cancel such order and shall have no liability to you with respect to such cancellation.

You agree that DutyFreeZone.com has no obligation to ship any Products that are ordered by a Buyer on the Site.

You agree that all risk of loss or damage of your Products remain with you until the Buyer physically receives the Products from you.

You agree that you will only deliver the Products purchased by DutyFreeZone.com and will not include any additional Products, materials or information not purchased by the DutyFreeZone.com.


Collection

DutyFreeZone.com will notify you in the offer to purchase via your seller interface or via email if a Buyer chooses to collect Products from any store or outlet operated by you.

You agree to make the ordered Products available for collection by Buyers within one (1) hours following notification of such order by DutyFreezone.com.

You shall provide notice of availability for collection (“Collection Notice”) to DutyFreeZone.com through your seller interface, and you hereby represent and warrant that you will only provide a Collection Notice if the ordered Products are available for collection at the relevant store within one hour (1) hours after the Collection Notice is provided.

If DutyFreeZone.com does not receive a Collection Notice within such seventy two (72) hour window, DutyFreeZone.com may cancel such order and shall have no liability to you with respect to such cancellation.

You agree that DutyFreeZone.com has no obligation to make any ordered Products available for collection by a Buyer.

You agree that all risk of loss or damage of your Products remains with you until a Buyer physically receives the Products from you.

You agree that you will only make the Products purchased by DutyFreeZone.com available for collection by the Buyers and will not include any additional Products, materials or information not purchased by DutyFreeZone.com.


Taxes

You agree to not charge and collect any sales, use, excise or similar taxes from DutyFreeZone.com. DutyFreeZone.com will collect and remit all applicable sales, use, excise or similar taxes on any Products purchased from Buyers to the applicable government. Upon your request, DutyFreeZone.com will promptly supply you with a Resale Certificate or equivalent document acceptable to the appropriate taxing authorities.


Fees

You agree to pay DutyFreeZone.com the fees and charges set forth in this Seller Agreement and/or the Seller’s Guidelines.

These fees and charges may change from time to time as agreed with you.

All fees and charges will be deducted from the Purchase Payment by DutyFreeZone.com.

You agree that DutyFreeZone.com is authorized to charge any credit card connected to your account for any subsequent fees and charges.

You also agree that DutyFreeZone.com may deduct such fees and charges from amounts payable to you in relation to the Purchase Payments.

Without limiting any of its rights or remedies available at law or equity, DutyFreeZone.com may suspend or terminate your Site account if any such amounts are overdue, and all such overdue amounts shall be subject to a late charge equal to 1.5% per month, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by DutyFreeZone.com.


Duty Free Zone Customer Service

DutyFreeZone.com does not provide any customer support for transactions made through the Site and you agree that DutyFreeZone.com is not responsible to provide any such support


Privacy

You acknowledge, consent and agree that dutyfreezone.com mayprovide buyers with information that is reasonably necessary for buyers to communicate with you regarding (a) the shipment and/or collection of products ordered from them on the site and (b) for any other related issues that may arise in connection with a buyer’s order (including without limitation, any information you disclosed during registration and your email address) provided such information may be lawfully disclosed by dutyfreezone.com. you also acknowledge, consent and agree that dutyfreezone.com may post feedback about you on the site, including without limitation, your seller details, ratings, buyer feedback and email address. You acknowledge, consent and agree that dutyfreezone.com may disclose relevant information about you to third party service providers which dutyfreezone.com employs to perform functions on behalf of dutyfreezone.com. You hereby agree that dutyfreezone.com shall have no responsibility, obligation or liability with respect to the disclosure of such information to, or any collection, use or disclosure of such information by, any buyer or third party service provider.

You may receive access to certain information concerning other Site users when you use the Site and you hereby represent, warrant and agree (a) not to use any information regarding other Site users which is accessible from the Site or that may be disclosed to you by DutyFreeZone.com, except when necessary to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, harassment, sending unsolicited or spam emails, or any other conduct DutyFreeZone.com deems unacceptable or objectionable.


Dispute Resolution Steps and Refunds

DutyFreeZone.com may provide your email address and other contact information to Buyers who purchase your Products through the Site.

You agree to respond only to inquiries by Buyers via DutyFreezone.com.

You will provide an immediate order cancellation notice to DutyFreeZone.com if you are unable to provide the items purchased by Dutyfreezone.com with 30 minutes after we have purchased it.

You agree that you will provide a prompt refund to DutyFreeZone.com if a Buyer does not receive the product that he purchased but you failed to deliver.

You agree that any such refund will be made no later than seven (7) business days after we issue a refund request.

Refunds may be made by using the “Refund” button in your seller account.

DutyFreeZone.com will not mediate any disputes or contact Buyers on your behalf regarding any claim you may have against a Buyer.

If a Buyer submits a claim to DutyFreeZone.com concerning a Product or an order from you, DutyFreeZone.com may research the claim and may contact you concerning the claim.

You agree to respond promptly within one working day to any inquiry by DutyFreeZone.com.

DutyFreeZone.com’s decision concerning any claim submitted by a Buyer is final and binding upon you and you agree to abide by all such decisions.

DutyFreeZone.com may immediately recover the amount of any refund it pays to a Buyer by (A) off-setting such amount by any other amount to be paid to you in accordance with this Seller Agreement (B) charging your credit card on file and/or (C) collecting such amount in any other lawful manner.

Without limiting any of its rights to remedies, if DutyFreeZone.com determines that you have directly or indirectly attempted or committed fraudulent activity with respect to the Site and/or the DutyFreeZone (Guarantee Claim Process),DutyFreeZone.com may immediately suspend or terminate your Sellers’ Account, and withhold your Purchase Payments. DutyFreeZone may recover the amount of damages and costs incurred by DutyFreeZone.com in connection with such fraudulent activity by (A) offsetting such amounts against any other amount to be paid to you in accordance with this Seller Agreement (B) charging your credit card on file and/or (C) collecting such amounts in any other lawful manner. In addition, any such fraudulent activity is a criminal offense and DutyFreeZone will assist law enforcement so that violators will be prosecuted to the fullest extent of the law.


Indemnity

You agree to indemnify, defend and hold harmless DutyFreeZone.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees (“Affiliates”) from any claim or demand, including reasonable legal and other fees, made by any third party arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation of any provision of this Seller Agreement or DutyFreeZone.com’s Terms, or of any law, regulation or third-party right. DutyFreeZone.com may immediately set-off any and all of its costs and/or expenses that are incurred in connection with the foregoing against any amounts owed to Seller (including, without limitation, any Purchase Payments.)


Release

In the event of a dispute or claim regarding any order or purchase made through the site, [or between you and a buyer or other third party related to any order or purchase made through the site]. You hereby release dutyfreezone.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from all claims, damages or demands of any kind, whether known or unknown, arising out of or in any way connected with such dispute or claim.


Warranty Disclaimer

You agree that you use the site at your own risk. The site and any related products, services, content, software, artwork, data, and information are provided “as is.” dutyfreezone.com expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced on the site, including, but not limited to, the implied warranties and/or conditions of merchantability or quality of data and fitness for a particular purpose, suitability, title, non-infringement, or lack of viruses.


Limitation of Liability

The entire risk arising out of your use of the site, the use of any services offered in connection with the site, and/or the use of any content remains with you.

In no event shall dutyfreezone.com or its affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this seller agreement, your use of the site or its services, any information obtained through the site, any delay or inability to use the site or related services, the provision of or failure to provide services to you in connection with the duty free zone, or otherwise arising out of the use of the site whether based on contract, tort, negligence, strict liability or otherwise even if dutyfreezone.com has been advised of the possibility of such damages.

Notwithstanding anything else in this seller agreement, the maximum liability that dutyfreezone.com shall have is limited to the actual value of any fees actually received by dutyfreezone.com in connection with any sales made by you through use of the site in the preceding six (6) months.

You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein, represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this seller agreement) that is an essential basis of the bargain between the parties.


General

No delay or failure by DutyFreeZone.com to take action under this Seller Agreement shall constitute any waiver by DutyFreeZone.com of any provision of this Seller Agreement. A waiver by DutyFreeZone.com of any default will not constitute a waiver of any subsequent default. DutyFreeZone.com's failure to enforce the strict performance of any provision of this Seller Agreement will not constitute a waiver of DutyFreeZone.com's right to subsequently enforce such provision or any other provisions of this Seller Agreement.

If any provision of this Seller Agreement is unlawful, invalid or unenforceable under applicable law, then that provision shall be deemed severable from the terms and conditions of this Seller Agreement and the remaining provisions of this Seller Agreement will continue in full force and effect.

This Seller Agreement will bind and inure to the benefit of DutyFreeZone.com’s permitted successors and assigns.

This Seller Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Seller Agreement shall be null and void. DutyFreeZone.com may freely assign this Seller Agreement without your consent or notice.

This Seller Agreement, including any terms and conditions incorporated herein by reference, including but not limited to DutyFreeZone’s Terms, Privacy Policy and Return Policy and constitutes the complete and exclusive agreement between DutyFreeZone.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

The provisions of this Seller Agreement are for the benefit of DutyFreeZone.com and its Affiliates. Accordingly, each such Affiliate will have the right to assert and enforce the provisions of this Seller Agreement as if it were a party to this Seller Agreement. Save as expressly provided in the immediately preceding sentence, a person who is not party to this Seller Agreement has no right to enforce any term of this Seller Agreement.


Law and Jurisdiction

The laws of the state of Florida govern this ''Seller Agreement'' and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with DutyFreeZone.com or its affiliates relating in any way to these terms and conditions shall be adjudicated in any state or federal court of  Broward County (Florida) for the time being, and you consent to exclusive jurisdiction and venue in such courts.


DutyFreeZone.com is a trademark and service mark of Duty Free Zone Ltd Grand Cayman CI.