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We are working hard to ship out each one of your orders as quickly as possible.

Vendor and Seller Policy

Vendors and Sellers Policy

All activities and services provided by the Vendor will be supervised by their staff and will be applicable to the following terms and conditions.

  1. Vendor Obligations

  • Vendors must never sell anything offensive or derogatory to any racial groups or people.

  • Vendors who are shipping their products through their own shipping carrier or fulfillment center, are responsible for all product returns.

  • Vendors shipping their products through their own shipping carrier or fulfillment center must note their shipping terms and conditions and processing times on their platform business profile.

  • Vendors can sell their products through other platforms; however, the retail prices may not be higher on our platform.

  1. Violations and Termination

  • Vendors can be terminated due to violations of platform policies and terms. We do email termination letters out with a copy of the terms and conditions in which they were required to e-sign once approved.

  1. Independence of Vendors

  • Vendors are independent contractors.

  • Vendors are allowed to advertise and market their products outside of our platform. We are not responsible for any marketing fees.

  • We do not take ownership of any products sold on our platform.

  1. Subcontracting

  • Vendor may subcontract all or any portion of the Work to a third party (“Subcontractor”) upon notice to us. With respect to the use of a Subcontractor, the Vendor shall comply with the following conditions:

    • The vendor guarantees the Subcontractor’s fulfillment of applicable Vendor obligations.

    • The vendor indemnifies us for all damages and costs of any kind caused by the Subcontractor’s acts or omissions.

    • Vendor makes all payments to Subcontractor. Vendor shall indemnify us for all damages and costs of any kind, without limitation, incurred by us and caused by Vendor’s failure to pay a Subcontractor.

 

  1. Confidentiality

  • Any Personal Information collected or accessed by Vendor in the performance of their obligations shall be limited to that which is strictly necessary to perform such Work or to fulfill any legal requirements. If the Work involves the collection of Personal Information directly from individuals, such as through a webpage, the Vendor will provide clear and conspicuous notice regarding the uses of the information.

  • Vendor shall use such Personal Information only as necessary to perform their obligations and not for any other purpose whatsoever.

  • Vendor will not share any Personal Information that is collected or possessed by Vendor with any third parties for any reason except as necessary to carry out the Work, and only under terms and conditions of Section 4 (Subcontracting).

  • Vendor will take reasonable steps to protect Personal Information in Vendor’s possession from unauthorized use, access, disclosure, alteration, or destruction.

  • Upon request by us, the Vendor shall provide us with any or all Personal Information in Vendor’s possession. Should the terms and conditions cease to apply, the vendor shall within ten (10) calendar days thereafter: provide us with all documents and materials (including any and all copies) containing Personal Information; or destroy all such specified documents and materials (including any and all copies in any and all formats)

  1. Warranties and Representations

The vendor represents and warrants as follows:

  • Vendor has full right and power to enter into and perform according to the terms and conditions, and such performance shall not violate any agreement or other obligation between Vendor and any third party.

  • The Work provided, including any portion performed by any Subcontractor, shall strictly comply with the terms and conditions.

  • Vendor shall, while performing the Work, take all required actions and comply with, and cause its employees, Subcontractors, and agents to comply with, all applicable laws and regulations applicable to its performance hereunder, including without limitation, the employment, workman’s compensation, immigration, tax and export control laws of any jurisdiction in which Work is performed.

  • The Work shall not infringe or violate any patent, copyright, trademark, trade secret, or other proprietary rights of a third party and shall either be originally created by Vendor or Vendor shall obtain all necessary rights to the Work to transfer ownership to Microsoft as required by Section 5 (Ownership and License).

  • Vendor represents that any software in its possession, including any Microsoft software, is properly licensed for use.

We hereby represent and warrant to the Vendor that it has the full right to enter into and perform according to the terms and conditions.

  1. Indemnity

  • Vendor agrees to defend, and indemnify us, and our subsidiaries, affiliates, directors, officers, employees, and agents, harmless from and against all claims, damages, losses, suits, actions, demands, proceedings, expenses, and liabilities of any kind, except to the extent that such claims result from the negligent or willful acts by us.

  1. Limitation of liability. 

  • To the maximum extent permissible by law, neither the vendor nor us shall be liable to the other for any indirect, consequential, incidental, punitive, or special damages (including, without limitation, loss of profits, loss of data, or loss of use) incurred by either the vendor or us as a result of any breach of the terms and conditions. These limitations shall apply regardless of the form of action, whether under the statute, under equity, or in contract or tort, including negligence, or any other form of action, even if advised of the possibility of such damages.

  1. Taxes

  • We shall not be liable for any taxes that the Vendor is legally obligated to pay and which are incurred or arise in connection with the sale of Products and Services. All taxes shall be Vendor’s financial responsibility.

  1. Payment Terms

  • Vendor’s commission fee of 10% will be automatically deducted from vendors’ purchased orders.

  • The Vendor will deal directly with our accounts payable department regarding all payments.

  1. Representation and Warranties

  • The Vendor hereby represents that they have the expertise, knowledge, and experience needed to provide the goods or services required of them.

  1. Liability and Indemnification

  • The Vendor shall indemnify, defend, and hold us and our representatives harmless for any loss or damage. Furthermore, we agree to hold the Vendor harmless against any loss or damage, save in cases of gross misconduct or negligence by the Vendor or its representatives.

  1. Insurance

  • The Vendor agrees to purchase the necessary insurance and upon request shall provide proof of such insurance to the Client.

  • In the instance the Vendor should fail to maintain or provide proof of insurance, we shall consider such actions to be a breach of the terms and conditions and that will be a ground for termination.

  1. Independent Contractor

  • The Vendor shall be considered an independent contractor. These policies do not establish an employer/employee relationship between us and the vendor, and no such agreement shall be established at any time.

  1. Governing Law

  • This policy shall be construed in accordance with the laws of the State of Indiana and the Vendor consents to jurisdiction and venue in the state and federal courts sitting in Indiana. Therefore, any and all legal proceedings shall be conducted under the above laws.

  • Vendors must comply with all import and sanctions laws, regulations, orders, and authorizations applicable to the import and delivery of inventory from outside the United States to our warehouse. Vendors are required to comply with each of the following requirements:

  1. Product Recalls- Vendors shall notify us promptly in writing if any products have been recalled or are defective in any manner. Upon receipt of such notice, we shall fully and timely cooperate with you, at your sole expense, in connection with all actions necessary related to such a recall process. In addition, you shall be responsible for any costs or expenses incurred by us in connection with any actions necessary to comply with any government agency demands involving the products.

  2. Liens – We shall not be responsible for any liens that the buyers may have with a third party

  3. Product Testing -Vendors are responsible for product testing and compliance set forth through the FDA and EPA Regulations. We are not responsible for any harmful incidents caused by any products vendors sell on our platform.

  4. Shipping fees – We shall not be responsible for any shipping fees of imported inventory.

  5. All products shall be suitably packed, marked, and shipped by vendors in accordance with the required standards and practices.

  • Sellers must comply with all Culture Kraze Marketplace platform policies.

  • Vendors must not sell anything illegal.

  1. Dispute Resolution

  • Any disputes arising out of or relating to these policies shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association.

  • A mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these policies shall be selected to preside over the process. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.

  • During the continuance of any arbitration proceeding, our obligations shall continue to be performed accordingly.

  1. General

  • The vendors may not assign their rights or obligations under these policies without our prior written consent.

  • Failure to exercise any rights herein shall not constitute or be deemed a waiver or forfeiture of such rights.