Marketplace Agreement

Marketplace Agreement

This present agreement is established in order to set up a contractual relationship by and between:

Dhakaboss Bangladesh PVT Limited (hereinafter referred to as “Dhakaboss” ), a private limited company incorporated in Bangladesh under the respective Companies Act 1994; having office at Tajwar Centre, House 55, Road 3(Flat 4A), Block-B, Niketon, Dhaka-1212 and operates an online marketplace at www.dhakaboss.com.bd and www.dhakaboss.com


AND

The Seller (hereinafter referred to as “Seller”), a sole proprietor/company, registered under the laws of the People’s Republic of Bangladesh. Dhakaboss and Seller are hereinafter referred to collectively as the “Parties” and individually as a “Party”) This document is an electronic record in terms of Information Technology and Communication Act 2006 and the amended provisions pertaining to Information Technology and Communication Act of 2006. This electronic record is generated by a computer system and does not require any physical or digital signatures.

GENERAL TERMS

  1. Scope
  2. Interpretation & Definitions
  3. Access To Platform And Seller Center
  4. Featuring Products On The Platform
  5. Seller Performance
  6. Seller Obligations To Customer Service
  7. Commission
  8. Payments
  9. Warranties
  10. Intellectual Property
  11. Confidentiality
  12. Indemnification
  13. Limitation Of Liability
  14. Force Majeure
  15. Duration & Termination
  16. Assignment
  17. Notices
  18. Relationship Of The Parties
  19. Modifications
  20. Miscellaneous
  21. Fulfilment Models
  22. Dropship
  23. Dhakaboss Express

 

 

 

GENERAL TERMS

·  1. SCOPE

  1. 1.             1.1. Dhakaboss is in the matter of giving administrations to encourage Web based business through its online commercial center at Dhakaboss – a stage that empowers Clients and Dealers to execute on the web. The Dealer wishes to sell Items on the online commercial center stage gave by Dhakaboss. Dhakaboss offers different administrations to encourage deals by means of its online stage. The Merchant names Dhakaboss as its bonus specialist under the terms and conditions set hereunder.
  2.  
  3. 2.             1.2. This understanding explicitly overrides earlier understandings or courses of action between the two Gatherings except if explicitly concurred generally between the Gatherings.
  4.  
  5. 3.             1.3. The two Gatherings concur that consumer loyalty is a definitive intrigue liable for controlling the business activities and conduct of the two Gatherings.
  6.  
  7. 4.             1.4. Each exchange of the Dealer on Dhakaboss' foundation is limited to the acknowledgment of the conditions of this understanding just as the subtleties, attaches, informative supplements, stage approaches referenced in this understanding and additionally accessible on Dhakaboss. This understanding will be viewed as legitimate when it is electronically acknowledged by the Merchant.
  8.  
  9. 5.             1.5. The administration gave by Dhakaboss is constrained to alluding clients to the Merchant and tolerating requests and installments for their benefit just as supporting, yet not restricted to, a scope of coordinations and advertising administrations, to be mentioned and obtained by the Dealer. This help is secured inside the concurred degree of commission and any extra assistance charges.
  10.  
  11. 6.             1.6. Dhakaboss may utilize the administrations of subcontractors to execute any piece of the present understanding or any sort of future administrations made accessible to the Merchant with no earlier hint.
  12.  
  13. 7.             1.7. Any reference in this Consent to any arrangement of a resolution will be translated as a source of perspective to that arrangement as changed, re-established or stretched out at the significant time.
  14.  
  15. 8.             1.8. The stage approaches are to be added something extra to and consolidated as a fundamental piece of this understanding. Because of steady improvement of Dhakaboss' administrations, stage strategies will advance and change after some time (with notice to the Merchant). The Dealer's utilization of the stage and access to the merchant focus is dependent upon this understanding and the most recent stage approaches accessible on Dhakaboss.
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  17. 9.             1.9. So as to keep up its notoriety for quality and high assistance guidelines, Dhakaboss claims all authority to delist the Vender and to end the association with the Dealer dependent on Dhakaboss' inside quality appraisal of the Merchant as administered by Dhakaboss' Client Insurance Approach.

·  2. INTERPRETATION & DEFINITIONS

  1. 2.1. In this agreement, the words and expressions below shall have the following meanings:

Bank Account

The bank account specified by the Seller in which payments are to be made

Business Day

A day (excluding Friday and Saturday) on which banks generally are open for business in Bangladesh

Commission Schedule

The schedule setting out the commission which is payable to Dhakaboss by the Seller for each type of Product sold on the Platform and which can be viewed at Marketplace Commission Structure

Competitor

Any person or entity, that directly or indirectly, engages in the sale of Products through the internet platforms in Bangladesh. For the avoidance of doubt, any person whose direct or indirect business is only partially similar to the aforementioned would still be deemed to be a Competitor

Contract

The contract entered into between the Seller and a Customer for the sale and purchase of the Products on the Platform

Customer Protection Policy

Dhakaboss’ policy via which Seller Performance is kept in check

Customer

A person, who purchases Products on the Platform

Dhakaboss Express

Fulfilment model whereby the Seller’s Products are stored at a Dhakaboss Fulfilment Center. The ownership of the Products remains with the Seller.

Dropship

Fulfilment model whereby the Seller is responsible for maintaining inventory of Products at own premises and making available to Dhakaboss for delivery to Customers

Fee(s)

Any fees charged by Dhakaboss for any additional services such as pickup or returns

Final Delivery

The transfer of ownership of the product from the Seller to the end customer

Fulfilment Center

A facility provided by Dhakaboss where all Dhakaboss Express Products are stored and where orders are processed

Fulfilment Model

Fulfilment model via which the Seller chooses to fulfil orders (Dropship, Dhakaboss Express)

General Terms

The terms set out in this agreement

Handling Time

The time from forwarding of the order by Dhakaboss to the Seller till dispatch of the Product by the Seller (excluding Friday and Saturday)

Hub

A location owned or operated by Dhakaboss or one of its logistics partner, where the Seller can drop items and if/when eligible pick up returns

In writing/written

All communications made through the Seller Center or sent by Dhakaboss through courier or email

Inbound

The reception department at Dhakaboss’ warehouse that performs the actions of accepting and registering Products brought to the warehouse by the Seller

Intellectual Property

Any patent, copyright, registered or unregistered design, design right, registered or unregistered trademark, service mark or other industrial or intellectual property right and includes applications for any of them

Listed Price

The posting cost of the Item on the Stage and will be that cost at which the Dealer illuminates Dhakaboss that it wishes to sell any Item and which cost will incorporate any charges, regardless of whether obligations material in Bangladesh, which the Vender is required and at risk to pay on the deal or supply of every Item or sort of Item. The Recorded Cost will not be higher than the cost at which the Dealer offers a similar Item through its own business channels

Penalty/Penalties

Any financial and/or operational penalty inflicted by Dhakaboss on the Seller for any breach of Platform Policies

Pending

The status on the Seller Center depicting that an order has been received and awaiting processing

Performance Scorecard

The report conveyed to the Seller by Dhakaboss which depicts the operational performance of the Seller

Platform

The website Dhakaboss or any affiliate website

Platform Policies

All the policies and guidelines applicable to Sellers and available on Dhakaboss University

Product(s)

The products and services which the Seller intends to sell on the Platform

Ready to Ship

The Products are signaled as being physically available, packed according to packaging guidelines and ready to be transferred to Dhakaboss for delivery

Rejected Product

A Product that has been shipped but could not be successfully delivered to a Customer, for any reason whatsoever

Required Product Information

Means, concerning every one of the Items, the accompanying (but to the degree explicitly not required under the appropriate Stage Approaches): (a) point by point portrayal, including as pertinent, details, area explicit accessibility and alternatives, booking rules and administration scratch-off arrangements; (b) Item numbers, and other recognizing data as Dhakaboss may sensibly ask for; (c) data in regards to in-stock status and accessibility, shipping restrictions or prerequisites, and shipment data; (d) classification inside every Item class and peruse structure as recommended by Dhakaboss now and again; (e) digitized picture that precisely delineates the Item, conforms to all Dhakaboss picture rules, and does exclude any extra logos, content or different markings; (f) Recorded Value; (g) any content, disclaimers, alerts, notification, names or other substance required by relevant law to be shown regarding the offer, marketing, publicizing or offer of the Item; (h) any Vender necessities, restocking expenses or different terms and conditions material to such Item that a Client ought to know about preceding buying the Item; (I) brand; (j) model; (k) item measurements; (l) weight; (m) a delimited rundown of specialized specifications; (n) Product numbers (and other identifying information as Dhakaboss may reasonably request) for accessories related to the Product that is available in Dhakaboss’ catalog; and (o) any other information reasonably requested by Dhakaboss (e.g., the condition of used or refurbished products)

Return Policy

The policy governing the return, refund, cancellation or rejection of products and which can be viewed within Dhakaboss Return Replacement Policy

Returned Product

A Product that had been delivered but has been returned by the Customer, for any reason whatsoever

Rules of Packing & Shipping

The rules governing the dispatch and handling of the products sold by the Seller, which can be viewed within

Seller Center

The login-based platform accessible by a Seller at Sellercenter by using the user name and password provided to it by Dhakaboss

Seller Performance

The Seller performance in accordance with the policies and standards defined by Dhakaboss

Seller Support Center

The support service provided by Dhakaboss to solve the issues faced by Sellers as well as help Sellers grow their business

Shipped

A Product is considered shipped and on course for delivery to the Customer

Signup Process

Process via which person(s) or entities sign up to sell on Dhakaboss’ online marketplace

Third Party Logistics (3PL)

An external service provider designated by Dhakaboss for shipping

·  3. ACCESS TO PLATFORM AND SELLER CENTER

1.         3.1. In the wake of experiencing and effectively finishing the Information exchange Procedure, Dhakaboss will give the Merchant a novel username and secret phrase to get to the Vender Center and finish the enlistment procedure.

 

2.         3.2. The Dealer is liable for keeping up exceptional data relating to their business on Vender Center, for example, yet not restricted to, address and ledger number. Dhakaboss isn't answerable for any obligation emerging from inaccurate data provided by the Vender.

 

3.         3.3. The Vender will be exclusively answerable for the wellbeing and security of its secret key and will not reveal its secret phrase to any outsider. The Vender is exclusively liable for any utilization of or move made under the secret phrase and will completely reimburse Dhakaboss from any harms or damage coming about because of any unapproved utilization of its secret phrase.

 

4.         3.4. Any correspondence or correspondence got through the Vender Center as well as delegated email address will be ventured to start from and have been made with the endorsement of the Merchant and Dhakaboss will be qualified for depend on such correspondence or correspondence.

 

5.         3.5. Each message sent to the Dealer through his enrolled email in the Merchant Center record or by means of Vender Center which didn't get an answer or composed protest inside 7 (seven) days will be worth understanding among Dhakaboss and the Merchant.

·  4. FEATURING PRODUCTS ON THE PLATFORM

1.         4.1. Dhakaboss will include the Vender's Items on the Stage available to be purchased at the given Recorded Cost. The Stage will show the Item as being sold by the Vender and not by Dhakaboss.

 

2.         4.2. Dhakaboss may offer extra advancements/limits far beyond a Venders Recorded Value by means of numerous channels and the Dealer concurs this doesn't establish an adjustment in the responsibility for Product(s). Any Commission or potentially Expenses charged on such an exchange will anyway be upon the Dealers Recorded Cost.

 

3.         4.3. The way where the Items are included on the Stage and its position on the Stage will be the sole obligation of and at the attentiveness of Dhakaboss.

 

4.         4.4. A specific Product(s) included on the Stage might be delisted by Dhakaboss if offer of that Item would repudiate any law or the Merchant breaks any of its commitments under this understanding and in such case, the Dealer will be advised right away.

 

5.         4.5. Dealer will furnish Dhakaboss with the Necessary Item Data in the recommended configuration. This data must be valid and in accordance with the genuine physical Item. The Dealer will be liable for posting their own items.

 

6.         4.6. Dhakaboss claims all authority to utilize, repeat, alter, adjust, distribute, decipher, make and circulate any substance that the Vender gives.

 

7.         4.7. Where in line with the Dealer, Dhakaboss produces digitized pictures and photos of the Product(s) for show on the Stage, Dhakaboss may charge an Expense and is qualified for deduct this sum from installments made to the Merchant for the offer of any Product(s) notwithstanding some other sums it is qualified for deduct under this understanding.

 

8.         4.8. Including any Item on the Stage will comprise an idea of offer by the Vender to all people utilizing the Stage.

 

9.         4.9. Where a Client puts in a request for obtaining an Item through the Stage, it will be esteemed to be an offer made by the client to purchase the item and a coupling contract will come into power between the Client and the Dealer when (I) the Vender, himself, dispatches the item to client's conveyance address or Dhakaboss, in the interest of the Merchant, dispatches the item to client's conveyance address, and (ii) warning of dispatch of the item is given to the Client by Dhakaboss. The provisions of the agreement are offered and acknowledged by and between the Client and Dealer and have no connection with Dhakaboss.

 

10.       4.10. Dhakaboss won't be liable for, resolve or intervene any debates between the Vender and a Client.

 

11.       4.11. All Agreements went into between the Dealer and a Client will be dependent upon this understanding and on account of any contention between this understanding and the Agreement or any archive

Payment Methods ::