Seller's Agreement

SELLER’S AGREEMENT

 

  1. INTRODUCTION 

1.1       Mecielo (“Company” or “we” or “us”) welcomes you as a Seller (as defined in the Terms of Services) on our website, http://www.mecielo.com (the “Website”). Your use of the Website and specific tools for sellers is governed by the following Seller Agreement.

1.2       The Company provides e-commerce facilities and services via the Website enabling the sale and purchase of Products between Members of the Website and includes Services.

1.3       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.

1.4       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 our Terms of Services and other Company Policies and collectively represent a legally binding agreement between you and the Company.

1.5       The Company shall be entitled at any time and from time to time, modify, amend or change this Seller Agreement as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same). 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.

1.6       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.

1.7       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. SELLER REQUIREMENTS

2.1       The applicant shall be deemed to have become the Member as of the date on which the Company's consent to such person becoming Member is posted on the relevant Service page or such consent has been received by the applicant by email or any other means determined by the Company.

2.2       You must be 18 years old and above, and must be able to form legally binding contracts to be a Seller on the Website.

2.3       To become a seller, you must submit the following documents :

  1. For an Individual Seller     :     i.    copy of your Identity Card (MyKad);
  2. copy of savings passbook / Bank Statement header

            2.4   For a Business Seller       :    i.      copy of Identity Card (MyKad);

  1. copy of the necessary Business Registration (Form                                                                            9-for Sole Propreitor) andForm 44 & 49 for Sdn                                                     Bhd;

                                                                 iii.    copy of savings passbook / bank statement header

 

            2.5.  Your current and up-to-date contact information including but not limited to your            email address, mobile phone number, fixed landline number and residential or an office address (as the case may be);

2.6. Your bank account information together with documents (the top side of your Bank

        Statement, as required by the Company, evidencing that the bank account is owned

        by and in the name of you or your company or business; and

            2.7. Such other information that the Company deems necessary from time to time.

  1. USE OF THE SITE

3.1       In using our Service, 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.

3.2       As a Seller, you will not:

 

  1. post or list inappropriate content or Products on the Website;

 

  1. violate any laws, third party rights, or Company policies including but not limited

                    to  policies relating to prohibited items as set out in our Prohibted& Restricted Item        Policy; 

 

  1.     manipulate the price of any Product or interfere with another Seller’s listings;

 

  1. take any action that may undermine the feedback or ratings systems;

  2. transfer your account to another party without the Company's consent;

  3. copy, modify, or distribute the contents from the Website and the Company's Intellectual Property Rights or involving any third party

  4. use existing Member’s accounts or create new Member accounts in order to circumvent or avoid, buying or selling limits, and other restrictions by the Company.

3.3       Upon receiving an order from Buyer, you will received an email by mecielo informing of the purchase. You can also check from the website of any order received by going to the Seller Dashboard – click My Sales. All of your transactions will be displayed in the page.

3.4       You will then make the necessary arrangement to prepare for the delivery of the purchased order within 48 hours from the date of payment receipt. Please update the status to shipped in My Sales Page once you have send the purchased item to the Buyer.

3.5       You are to update the tracking number to the Buyer in the conversation/notification page provided on the system. In any case the Buyer has received the purchased item, please ask the buyer to reply in the conversation / notification page with – ‘Product has been received’.

            In any case the Buyer wish to return the item, please ask the buyer to reply with Request for Exchange / Request for Return (in any case product received is damaged) in accordance with mecielo’s Return & Refund Policy.

3.6       You are from time to time checked the status of the purchased item whether it has been delivered with the tracking service provided and click ‘delivered’, once the product has reached the Buyer’s hand.

  1. PRODUCT LISTING

 

4.1       The seller is fully responsible for the Listing. By Listing on the website/aps ofmecielo, the seller warrants that:

 

  1. Seller is the valid owner of Products listed;
  2. Seller has the right to sell the Products online in Malaysia;
  3. The products conform to all applicable laws regulations in Malaysia.       
  4. The products strictly conform to the specifications, drawings, performance criteria         other descriptions referred to/or proved on the website by Seller.
  5. Products are free from defects in terms of materials, performance, operation

                    &  workmanship.

  1. No misleading information is included on the website.
  2. No illegal or offensive content is inserted on the Website.

4.2       Without limiting the foregoing, you may not list on our site or sell any item by using mecielo with;    

  1. Cosmetics endangering the safety or health of the customer.
  2. Pornography.
  3. Firearms or any hazardous weapons.
  4. Black-market Items.
  5. Stolen goods.
  6. Goods that were imported illegally.
  7. Illegal items.
  8. Liquor
  9. Pork

4.3       Please also checked our Prohibited & Restricted Item Policy, before listing your products in Mecielo.

4.4       Setting of Prices - 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.

4.5       Price Manipulation - 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 so as to avoid paying or to pay a lower Transaction Fee. Where you are in breach of this Article 6.2, we reserve the right to suspend your Product listing without notice to you and further impose any General Penalty at our discretion.

  1. MARKETPLACE FEES/COMMISSION& TRANSACTION FEE

5.1       There are no listing fees and no commission. Unless otherwise stated, Mecielo does not charge Users for the use of the Site.

5.2       Transaction Fee or Payment Gateway Fee is the fee that applied by the transaction processor to cover the costs of receiving and processing the transaction. It is payment for the use of the infrastructure to receive payment information, request authorization from the customer’s bank, transmitthe authorization information to the merchant and to facilitatepayment of the merchant. Therefore, for all item purchased by the buyer in Mecielo, using the online payment gateway, such as Credit Card/Debit Card/Online Transfer, there is a 2.8% charges by the Payment Gateway Company (EGHL) and the seller will have to bear this Transaction Fee.

  1. DESCRIPTION OF PRODUCTS

6.1       Accuracy of Product Description - You shall provide an accurate and non-misleading descriptions of the Products, and shall ensure that the following are clearly stated in the said descriptions:

(a)        the Original Price for the Products;

(b)        the Seller’s Discount (if applicable);

(c)        the Discounted Price for the Products (if applicable); and

(d)        any additional costs or fees including Shipping Fee and/or taxes (if applicable).

6.2       No Reference to other E-Commerce Business - You shall ensure that any description of Products uploaded to the Product page and/or Seller Store on the Website shall not in any way make reference to, or name any other e-commerce platform or similar/competing business, whether by way of text or images.

  1. PRODUCT ENQUIRIES FROM MEMBERS

7.1       Where you receive an Enquiry from the Members through our system, you shall respond to such Enquiry:

(a)     with accurate and complete information; and

(b)     in a prompt and efficient manner, within one (1) Business Day from receipt of the              said Enquiry.

  1. PROHIBITION ON DIRECT DEALING

 

8.1       As a Seller, you are prohibited from directly entering into a Transaction with a Buyer without

using the Payment Protection Services provided by the Company on the Website.All communications regarding Transactions or potential Transactions with other Members or Buyers shall be made through the Website.

  1. ADEQUATE STOCK

9.1       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.

9.2       Failure to comply with the Article 9.1 shall be subject to the Specific Penalty as set out in  Appendix A below.

  1. UPLOADING OF CONTENT

10.1     When posting reviews, comments, questions, photos, videos and upload other contents and

information on the Website, you must ensure that such content:

(a)     is accurate and not misleading;

(b)     is not illegal, obscene or threatening;

(c)     is not defamatory or libelous;

(d)     is not invasive of privacy;

(e)     does not include any personal data in contravention of the Personal Data Protection Act 2010;

(f)     is not commercial solicitation, pyramid schemes, chain letters, mass mailings or any form of "spam”;

(g)     is not political campaigning in any form;

(h)     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 Members;

(i)      does not infringe the Intellectual Property Rights of the Company and/or any third party;

(j)      does not violate this Seller Agreement, the Terms and Conditions, Privacy Policy or any other policies of Mecieloas made known to you directly or through the Website; and/or

(k)     is otherwise injurious or objectionable to the Company or any third parties.

10.2     False identity - 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.

10.3     Failure to comply with Article 11 above shall be subject to the Penalty as set out in Appendix A, at the Company’s discretion.

 

  1. REMOVAL OF CONTENT BY THE COMPANY

 

11.1     No Obligation to Monitor - 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.

11.2     Indemnity - You shall indemnify the Company against all claims resulting from content posted, supplied or uploaded to the Website by you.

 

 

  1. DELIVERY OF PRODUCTS

12.1     All local orders should be shipped to customers within 48hrs from the date of payment receipt. All orders must reach the Buyer the maximum of within the quoted time frame of 3-5 business days in West Malaysia and 7-10 business days for Sabah and Sarawak (standard shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be cancelled at our sole discretion. Please read our Shipping Terms carefully. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer claim that the package did not arrive due to failure of the seller to update the status of the shipment or tracking number in the website, should they choose not to follow the Shipping Terms/Guidelines.

12.2     Please choose the Shipping Companyof your choice from the list given in the Product Page/ enter the Shipping Fees and the days of delivery.

12.3     You are to ship the Product within 48 hours from the date of receipt of such notification, using your chosen Shipping Company from the list provided and update the Tracking Number in the system / conversation space to the Buyer.

12.4     If the product sold is a Pre-Order Item, please mention the days of preparing of the shipment and the delivery days in the Product Page.

12.5     You shall indemnify the Company against all claims resulting from the choice of the Shipping Company made by yourself as we do not have any interest or benefits whatsoever from the content / choice supplied or uploaded to the Website by you.

  1. LOSS / DAMAGE OF PRODUCT DURING DELIVERY

13.1     Seller to Bear Loss - Where you engage a Shipping 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.

13.2     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.

 

  1. PACKAGING FOR ORDERS

 

14.1     Secure Wrapping - You hereby agree that you shall ensure that every 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.

 

14.2     Do Not Use others e-commerce Business Packaging - You are strictly prohibited from using branded packaging materials of other online e-commerce marketplaces, failing which you shall be subjected to the Penalty as set out in Appendix A, below.

 

  1. PROMOTIONAL FREE GIFTS

15.1     You are required to honor any free gift promotions to all Buyers as specifically stated in        your Product page.

15.2     In the event that you fail to comply with this provision, the Company shall be entitled to         impose the Penalty set out in Appendix A, which deem suitable by the Company.

16.       PAYMENT PROTECTION SERVICE

16.1     To give our customers a safe and secure environment when shopping in Mecielo, we provide          Payment Protection Services.

16.2     Payment Protection Service protects the users by releasing the payment to the Seller only upon Buyer confirming receipt of the order. Once the Buyer accepts the order, then only the payment will be released to the seller's account. However, if the Buyer did not confirm the receipt of the goods/product within 10 working days in West Malaysia and 14 working days in Sabah & Sarawak, upon submission of evidence by the seller, i.e tracking number and proper checking with the shipping company, Mecielo will assume that Buyer has received the goods and therefore will release the payment to the seller.

16.3     However, for Pre-Order Item, the Payment Protection Service Period will end after 45 days from the date of receipt of payment.

16.4     In any case Buyer did not received the product purchased within the time stipulated, the Buyer will be refunded the full amount together with the shipping fee.

17.       SETTLEMENT AMOUNT

17.1     The amount payable by the Company to you for any Transactions completed through the Website is referred to as the Settlement Amount.

17.2     The Settlement Amount shall be calculated by deducting the Payment Gateway Fees on all Successful Transactions and the balance will be directly transferred to the Seller’s designated  Bank Account.

18.       PAYMENT CYCLE

18.1     Upon receipt of the purchase confirmation from the Buyer for all purchased item, mecielo will credit the proceed of the sale into the Seller’s designated bank account on every Friday. Our cut off time will be at 4pm on every Friday. Please give us 48 hours after the cut off date to credit the proceed of the sale into your account. Keep in mind that Refund to Buyers (if any),Payment Gateway Fee or any other fee as agreed by you will be debited against the amount payable to your account.

  1. DECISION OF COMPANY BINDING

19.1     Pursuant to this Article 20, you hereby agree that:

(a)     any decision made by the Company shall be binding by you and the Buyer;

(b)     you shall comply with any instructions issued by the Company, through our Customer Service Centre, pursuant to any settlement or decision; and

(c)     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.

19.2     For the avoidance of doubt, the Company shall be entitled to recover the costs referred to in Article 20.1(c) above by way of setting off the same against any Settlement Amount owed to you.

  1. WAIVER

20.1     Notwithstanding the aforementioned clauses, 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.

APPENDIX A

  1. Temporary or permanent suspension of the affected Product listing.
  2. Temporary or permanent suspension of Seller Store.
  3. Cancellation of Transaction.
  4. Loss or forfeiture of all or part of Settlement Amount.
  5. Deferment of payment of all or part of Settlement Amount.
  6. 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).
  7. Limits placed on Seller account privileges.
  8. Downgrading of Seller Rating status.
  9. Suspension or termination of membership.
  10. Imposition of financial penalties in such amounts as may be provided for under this Seller Agreement.
  11. Criminal charges.
  12. Claims for damages or loss caused by breach or non-compliance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A (i)

SPECIFIC PENALTIES FOR BREACH / NON-COMPLIANCE

 

No.

Type of Breach/Non-Compliance

Penalties for Breach/ Non-Compliance

1.

Price manipulation

1.     (a) Any General Penalties; and

2.     (b) Immediate suspension of the affected Product listing.

2.

Failure to ensure legality of products

Any and all General Penalties, which the Company may enforce immediately without notice to you.  

3.

Selling counterfeit or replica items

1.     (a)Any and all General Penalties, which the Company may enforce immediately without notice to you;

2.     (b)Monetary fine, in the minimum amount of RM100.00 per offending Product up to a maximum amount of 10 times of the listed price of the offending Product on the Website.

4.

Uploading, advertising, offering for sale and/or selling Prohibited Products

Immediate suspension of the affected Product listingmay enforce immediately without notice to you.

5.

Provision of inaccurate and/or misleading description of Products

Immediate suspension of the affected Product listing.

6.

Making reference to, or naming any other e-commerce platform or similar/competing business in description for Products

Immediate suspension of the affected Product listing.

7.

Failure to respond to Product Enquiries from Members

1.     (a) Suspension of Product listing until Enquiry is satisfactorily attended to; and/or

2.     (b) Revision of Seller Rating where performance does not comply with the required Seller Service Level.

 

8.

 

Direct dealing

1.     (a) Any General Penalties; and

2.     (b) Immediate suspension of the affected Seller Store.

9.

Failure to ensure adequate stock

Immediate suspension of the affected Product listing.

10.

Breach of requirements for uploading of content

Any and all General Penalties, which the Company may enforce immediately without notice to you.

11.

Failure to confirm receipt of Order within stipulated period

1.     (a) Cancellation of Order by Buyer or Company; and/or

2.     (b) Revision of Seller Rating.

12.

Failure to comply with Pre-Order requirements

Immediate suspension of the affected Product listing.

13.

Failure to deliver Products within stipulated period

1.     (a) Cancellation of Order by Buyer or Company;

2.     (b) Where the Company deems appropriate, deferment or forfeiture of all or part of Settlement Amount; and/or

3.     (c) Any other General Penalties.

14.

Failure to provide promotional free gifts

1.     (a) Suspension of Product listing;

2.     (b) Revision of Seller Rating; and/or

3.     (c) Recovery of costs for any compensation payable to Buyer pursuant to any recovery or negotiation process conducted by the Company.

15.

Order cancellation by Seller

1.     (a) Any and all General Penalties or such other penalty as the Company shall determine at its discretion.

2.     (b) Specific penalties as follows:-

1.     (i)  For each Order cancellation there is a monetary fine in the minimum amount of RM20.00 to a maximum amount of RM50.00 per Order;

2.     (ii) For repeated breaches of this Article for 3 consecutive timesacross multiple Product listings, temporary or permanent suspension of account will be enforced.

16.

Non-compliance with the provisions of the Cancellation, Exchange, Returns and Refunds Policy

Any and all General Penalties or such other penalty as the Company shall determine at its discretion.

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