TERMS AND CONDITIONS OF THE PARTNERSHIP AGREEMENT BETWEEN EBHUBON AND THE VENDOR
Ebhubon Bangladesh Ltd. here after referred to as 'Ebhubon' owns and operates a platform that allows vendors to sell their products to the public over the internet. This platform is currently provided on the website www.ebhubon.com, but may be provided on different websites or applications in the future.
The vendor will have the opportunity to sell their products on the Ebhubon platform. Ebhubon is entitled to accept purchases on behalf of the vendor. The service provided by Ebhubon is limited to referring customers to the vendor and accepting orders and payments on their behalf. At Ebhubon's discretion, Ebhubon may provide the vendor with analytics about the performance of the vendor's products. This support is covered within the agreed upon level of commission.
The vendor will receive communication about sales and confirm availability of merchandise through the online IT platform provided by Ebhubon to vendor hereby referred to as the "Seller Center".
The vendor authorizes Ebhubon to accept binding orders from customers on their behalf.
Ebhubon may carry out changes to the website or service, or suspend the service, without notice.
Ebhubon's rights and obligations
Ebhubon will present the products listed by the vendor on the website. The vendor will be responsible for listing their own products.
Ebhubon is authorized to accept binding sales on behalf of the vendor and will ensure that order data is passed on to vendor th rough the Seller Center within one business day subject to holidays and weekends.
In order to maintain their reputation for quality and high standard of service, Ebhubon reserves the right to terminate the relationship with the vendor if the vendor repeatedly receives bad reviews or complaints (more than 10 bad reviews within a 30 day-period), or fails to comply with other Ebhubon standards.
Vendor's rights and obligations
The vendor is obliged to provide all the information necessary when listing a product on Ebhubon.bd. This should include but is not limited to, a detailed title and sub-title, price, quantity, picture and description. The vendor must never knowingly deceive a potential customer by misrepresenting their product/s. The vendor must notify Ebhubon of any changes to the detail of their listings while uploaded on the site.
The vendor guarantees that information listed on Ebhubon relating to his products satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.
The vendor will be responsible for keeping an up-to-date inventory of all their products listed on Ebhubon.
The vendor guarantees that the information provided by him does not violate any third party's copyright.
The vendor will contact the customers no more than is necessary, for processing the transactions referred by Ebhubon. In particular, the vendor will not send any advertising email or other commercial advertisements to the customer without prior agreement from Ebhubon or the expressed wish of the customer. When delivering products sold via Ebhubon, the vendor will not advertise any of Ebhubon's competitors.
The vendor will process orders and arrange delivery with all reasonable care the moment receipt of confirmation of sale is received through the Seller Center. Orders should be confirmed through Seller Center and dropped off or picked up (according to the vendors preference) within 1 working day. The vendor is required to keep stock of their advertised products and services up to date on the Seller Center to the best of their ability. Repeated stock-outs (more than 20% of attempted sales) will result in the removal of the vendor and all their products from the Ebhubon platform.
If the vendor cannot fulfill an order submitted to him, he must notify Ebhubon through the Seller Center within 1 working day.
The vendor agrees to adhere to their range of products and prices as provided to Ebhubon and as described on their listing on t he website. The vendor guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform. The vendor further guarantees to take great care to keep up-to-date their range of products, stock count, prices and associated terms and conditions.
The vendor representative may provide Ebhubon with a copy of their valid government issue ID (passport, driving license, etc.) at the time of contract signature.
The vendor agrees to pay Ebhubon a fixed percentage commission on the gross revenue from their sales made through the Ebhubon platform. Depending on the category it may be appropriate to agree different commission percentages for certain items or product categories.
Ebhubon may start charging additional fees for the sale of goods through the Ebhubon platform at any point. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees subject to approval of the vendor. In the event of the introduction of further fees, the vendor will be notified prior to their commencement in writing 30 days earlier and they will have the option to opt out.
Ebhubon reserves the right to adjust the percentage commission, providing suitable notice of 30 days is served in advance to the vendor. Ebhubon will give the vendor adequate notice of any commission changes, in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.
The agreed commission and product type for this contract is mentioned in the below. Additional, BDT 40 for pick up (per order) to be charged if the product needs to be picked up from your location.
Customer online payment
In case of electronic payment by the customer (e.g. by credit card, debit card, or Wireless online Transfer), Ebhubon collects the payment for the relevant order in Ebhubon's name on behalf of the vendor, and pays it out to the vendor according to the invoicing agreement.
The vendor will keep receipts of deliveries to customers for at least 13 months and make those available on request. In case of problems that may cause the order to be rescinded, or in case of a delivery failure, the vendor must immediately notify Ebhubon by phone so that the credit card payment may be cancelled.
Invoicing and vendor payment
Ebhubon's invoices may be delivered by email, online, fax, post or in person. They include Ebhubon's claims on the vendor for if applicable, other fees as stated in §4 (2).
Ebhubon is to send a monthly statement of confirmed orders to the Supplier by the beginning of each month after which the supplier will have 5 days for verification. Payment settlement will be done by Ebhubon after verification..
For Ebhubon Marketplace the payment to the vendor will be made, after deductions of commissions, delivery charges and other such applicable fees, at the beginning of each calendar month.
In case the supplier receives the payment of sold products/services on www.Ebhubon.bd directly, supplier is bound to pay the agreed commission to Ebhubon within 5 days of receiving statement each month.
Payments would be made by bank transfer or cross cheque payable to the vendor.
The vendor indemnifies Ebhubon from all claims arising in relation to matters outside Ebhubon's control, including but not limited to the quality of goods and services provided by the vendor. The vendor further indemnifies Ebhubon from third parties' claims resulting from any violation of laws and regulations by the vendor.
Ebhubon cannot guarantee that their service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.
VAT liability rests with the vendor and Ebhubon will not be responsible for any VAT issues.
Ebhubon will not bear any liability for any unethical activity the seller might be involved in.
Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not sell it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.
Ebhubon has the right to freely maintain the vendor's listing and ranking on the website. Ebhubon offers customers the opportunity to give ratings and reviews of the vendor's goods and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. Ebhubon reserves the right to delete ratings and reviews.
Ebhubon may scan, transcribe, and publish online the vendor's listings, logos and other materials required. The vendor grants to Ebhubon a royalty-free, perpetual, unrestricted license to use and distribute any materials provided by him, for the purpose of advertising Ebhubon's service. In particular, this includes use in Google Ad Words campaigns, domain name registrations and other online ma rketing and search engine optimization measures.
Terms and termination
This agreement is valid as soon as the vendor signs the contract, or fulfils an order referred by Ebhubon, and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause (any action with legal implications such as tax evasion, dealing counterfeit goods, bankruptcy, etc.) remains unaffected.
The right to immediate termination in particular covers the case where the vendor repeatedly receives negative ratings and reviews on the website as stated in §2 (4), and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the vendor's items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
If a single clause in this agreement is invalid, both parties will endeavor to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
Ebhubon reserves the right to modify their general terms and conditions without giving any justification. In that case, Ebhubon will give the vendor adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.
The changed terms and conditions are considered agreed by the vendor if they do not object to them in writing within 2 weeks of receiving notice of the changes.
Any terms and conditions of the vendor are not part of this agreement unless Ebhubon expressly agrees to adhere to them in writing.