Le Petit Marketplace Seller Agreement
LE PETIT MARKETPLACE Seller Agreement
This Marketplace Seller Agreement is between Ocean Media LLC., a Florida, USA corporation ("LE PETIT MARKETPLACE") and you ("Seller").
LE PETIT MARKETPLACE operates e-commerce websites directly and through its subsidiaries.
LE PETIT MARKETPLACE offers registered sellers the opportunity to list merchandise for sale directly to customers in one or more of its related websites.
The Seller wishes to sell goods or services to Customers who use one or more of LP Marketplace’s websites.
Therefore, the parties agree as follows:
Article 1 Declarations and recommendations
1.1 Seller declarations.
The Seller declares that:
(a) The Seller has authorized the person who executes this agreement or registers the Seller to access LE PETIT MARKETPLACE and binds the Seller and / or brand, (b) The Seller is authorized to enter into and fulfill its obligations under this agreement, (c) The Seller believes that its performance under this agreement will not violate any other agreement.
1.2 Declarations of Le PETIT MARKETPLACE.
LE PETIT MARKETPLACE states that:
(a) it has the authority to carry out its obligations under this Agreement or
Article 2 Registration and access to LP Marketplace
2.1 Registration for LP Marketplace. The Seller may not make direct contact with buyers registered on LP Marketplace or make sales to these buyers outside of LP Marketplace. In case of violation of this agreement, LP Marketplace reserves the right to expel the seller and take legal action against it under the legal framework of Florida, USA.
2.2 Modification of this Agreement.
LE PETIT MARKETPLACE may modify the terms of this agreement at any time by posting amendments to the Seller Information Page and sending an email notice to the Seller at the email address that the Seller provided on the Portal www.lepetitmarketplace.com. If the Seller then registers with LP Marketplace or continues to use LP Marketplace, the Seller will be bound by the then current terms of this agreement.
2.3 LE PETIT MARKETPLACE policies. LE PETIT MARKETPLACE may publish or modify the policies governing the Seller's access to or use of the LP Marketplace ("Policies"). If the seller registers with LP Marketplace or continues to offer products for sale on LP Marketplace, the Seller will be subject to the LP Marketplace Policies in effect at that time. LE PETIT MARKETPLACE publishes any policies or amendments to policies on the Sellers’ information page.
2.4 Design and access to LP Marketplace. If LE PETIT MARKETPLACE accepts the registration of the Seller for LP Marketplace, LE PETIT MARKETPLACE provides the Seller access to the market as a platform for the Seller to publish offers for sale through Product listings and facilitates the sale by the Seller to Customers. LE PETIT MARKETPLACE may determine or change any aspect of LP Marketplace without prior notice to the Seller. LE PETIT MARKETPLACE may stop providing access to the Seller to LP Marketplace with reasonable notice to the Seller.
2.5 Permits and licenses. The Seller must obtain all the necessary permits and licenses to import and sell its products in accordance with the Applicable Law on its own accord. The Seller shall pay all fees and duties which may be due for the sale or offer for sale of their products on LP Marketplace. LP Marketplace may offer advice in these areas, but is exempt from any legal liability.
2.6 Fees; Commissions: The seller is not obliged to pay monthly subscription fees to LE PETIT MARKETPLACE. The Seller will pay commissions of 10% to LE PETIT MARKETPLACE on all amounts that LE PETIT MARKETPLACE collects on behalf of the Seller for the sale of Products, less Seller Taxes, according to the "Product Price " specified in section 3.5.
LE PETIT MARKETPLACE may change the commission fee schedule by posting any changes on the Sellers’ information page, and those changes will be effective from the date they are posted. Failure to pay Commissions by the Seller constitutes a substantial breach of this agreement.
Item 3 V encirclement and product listings
3.1 Sales at LE PETIT MARKETPLACE. Product sales on LP Marketplace are made between LE PETIT MARKETPLACE and the LP Marketplace customers; The seller will receive payments for their sales on the last day of each month. Said payments will be transferred to the bank account provided by the seller. The cost of the interbank transfer (if any) is borne by the seller. The registration of the Seller's products on LP Marketplace does not imply that LE PETIT MARKETPLACE endorses or is affiliated with the Seller or Seller's Products.
3.2 Product listings.
- The Seller will create product listings or offers for sale listings to be published as products directly on the website of LE PETIT MARKETPLACE.
- The Seller should create lists of products that comply with applicable laws, policies and specifications provided in the file for the burden of its products and on the website of www.lepetitmarketplace.com, which are accurate and appropriate for the market in which they are published.
- The Seller will ensure that the Product Listings registered in LE PETIT MARKETPLACE do not
violate any intellectual property rights of third parties; (b) contain defamatory or discriminatory content; (c) constitute an invasion of the privacy or publicity rights of one of the parties; and / or (d) be unfavorably reflected on LE PETIT MARKETPLACE, the Websites and / or other Sellers on the Websites. Violation of this agreement will lead to legal action against the seller who infringes it.
- The seller will not create product listings where they:
(1) offer products that are not authentic ha or s, forgery, replicas or knock-off products;
(2) offer a restricted product.
(3) offer products that the seller does not have in stock or is unable to produce within the delivery time stipulated by the seller.
(4) promote or engage in any misleading commercial practice (including phishing, or attempt to cheat or defraud a LE PETIT MARKETPLACE customer and / or staff or deliver information private). Violation of this agreement will lead to legal action against the seller who infringes it.
(5) offer products that contain nudity, pornographic, obscene or offensive content
(6) LE PETIT MARKETPLACE may modify, reject, delete or censor any Product Listing for any reason.
3.4 Maintenance of the list of products.
The seller is responsible for its own listed products, including updating its listed products to ensure that they are accurate and that they comply with this agreement.
3.5 Product prices.
The established price. The seller shall establish the prices of its products in compliance with this agreement in the product file provided by LP Marketplace. LP Marketplace will receive a 10% commission for the sale of these products. In addition to this, charges of 10% VAT (US Value Added Tax) and approx. 5.5 % Florida, US Corporate Tax) will be deducted from the selling price supplied by the vendor.
- Price parity. Seller supplies ; r ar to the selling price to the suggested public of their products so that, buyers can assess profit margins and try to maintain parity with the prices of these products in other channels of distribution sales of Seller.
- Seller pricing errors. If the Seller provides incorrect pricing information in the supplied product upload file (a "Seller Pricing Error"), LE PETIT MARKETPLACE may, at the Seller's expense, take any commercially reasonable action necessary to prevent or repair damage to LE PETIT MARKETPLACE due to Seller Pricing Error, including oblige the Seller to honor all purchases of Products at the wrong price and to compensate Customers for any inconvenience caused by the Seller Price Error. The seller will reimburse LE PETIT MARKETPLACE for all losses, expenses or liabilities incurred by LE PETIT MARKETPLACE as a result of Seller Pricing Errors.
Article 4 of the product sale, delivery, return, and Customer Service
4.1 Customer orders.
Customer order processing. LE PETIT MARKETPLACE will process Customer Orders on behalf of the Seller and collect all amounts due for Products that Customers request from the Seller through LP Marketplace. After processing a Customer Order, LE PETIT MARKETPLACE will email the Seller a notice of the Customer Order to the email address that the Seller identified on the Portal www.lepetitmarketplace.com. If LE PETIT MARKETPLACE believes that a transaction is erroneous, duplicated, contrary to an LP Marketplace Policy or fraudulent, it may stop, cancel or prohibit the transaction.
- Transfer of customer payments. The Seller appoints LE PETIT MARKETPLACE as the Seller's agent for the sole and express purpose of receiving payments from Customers for the Seller's Products sold on LP Marketplace. Between the Seller and the Customer who purchases Products from the Seller, the receipt of funds from the Customer by LE PETIT MARKETPLACE shall be deemed to be the receipt of funds by the Seller. LE PETIT MARKETPLACE will transfer the amount LE PETIT MARKETPLACE receives from the customer, minus any amount that the Seller owes LE PETIT MARKETPLACE, to the Seller using the processes and under the time frame established in our policies.
LE PETIT MARKETPLACE is NOT responsible for:
- Calculating customs taxes and informing the buyer of them prior to purchase.
- Collecting, reporting and remitting Seller‘s tax to the tax authorities concerned;
- Reviewing, determining and maintaining the correct product tax codes, calculation settings and all related information for the Products; or
- Checking all tax exempt transactions.
LE PETIT MARKETPLACE is able to:
Offer estimated import taxes and all necessary advice to the Seller. The cost of this service is quoted by service hours at a rate of $40 per hour. The average hours required ranges from 1-2 hours.
- Tax jurisdictions.
The seller is responsible for:
- Determining the jurisdictions in which it is required to collect and remit taxes. LE PETIT MARKETPLACE not action the collection of taxes from the Seller on behalf of the Seller to jurisdictions within or outside of the United States.
- If a tax authority requires LE PETIT MARKETPLACE to pay any tax (additional to what is initially calculated) generated due to the provision of incorrect information on the part of the Seller (product category, weight, amount, etc.) the Seller shall immediately reimburse said additional tax to LE PETIT MARKETPLACE and any loss, expense or liability to LE PETIT MARKETPLACE incurred as a result of the demand of the authority tax to LE PETIT MARKETPLACE.
- Tax data. The Seller agrees to provide LE PETIT MARKETPLACE reliable data so that LE PETIT MARKETPLACE can use that data to calculate the Seller’s taxes on behalf of the Seller.
- Sales tax on payments to LE PETIT MARKETPLACE. Sales tax (if any) will be added to the buyer account at the time of purchase in accordance with the law applicable in the state of Florida, USA.
4.3 Disputes, Chargebacks
A chargeback generally occurs when a customer disputes a charge that appears on their statement. A chargeback can result in the reversal of a transaction, with the amount charged to the customer. Chargebacks can be assessed for: (i) customer disputes, (ii) unauthorized or improperly authorized transactions, (iii) transactions that do not comply with the card network rules or that are allegedly illegal or suspicious, or (iv) any reversal for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, Le Petit Marketplace will be given a due date, depending on the card type, to submit any evidence to prove the Customer has received the product. If you fail in providing this evidence, you will be charged all costs and expenses, including but not limited to, costs assessed by our payment processor, legal fees, and other legal expenses incurred by us or on our behalf in connection with the collection of any unpaid chargebacks for you.
- The seller will ship the products. It is the Seller’s responsibility to ship their orders and ensure that the Buyer receives their products within the processing time established in the Seller’s sales conditions (specified by the Seller).
The seller will not replace any Product or include any material for marketing or promotion or any other application, with the purchased products shipped to customers. Failure to comply with this rule will lead to possible legal action on the part of LP MARKETPLACE.
Ownership and risk of loss or damage of goods sold will remain with the seller until delivery to the client. LE PETIT MARKETPLACE will not be held responsible for damages that occur during shipping due to poor packaging or poor product protection nor for the loss of the merchandise during the shipment.
- Overdue orders. LE PETIT MARKETPLACE may cancel any Customer Order that the Seller does not ship within the shipping period specified in the Policies. LE PETIT MARKETPLACE is not obliged to compensate the Seller for any canceled orders. It is the responsibility of the Seller to control all orders and ensure that all shipments are made within the deadlines specified by the Seller in its delivery policies.
- Delivery errors. The Seller is responsible for any delivery errors or non-delivery in connection with the sale of its products.
4.4 Customer returns.
The seller will take care of returns. The Buyer has the right to return the merchandise according to the conditions established by the Seller in its return policies.
LE PETIT MARKETPLACE must refund the customer. The seller will arrange the collection of the goods from the customer. The return shipping cost will be borne by the Buyer or Seller as specified in the Seller's return policies.
- Seller's return policy. The seller must submit a return policy "Seller's Return Policy" attached to their seller record.
4.5 Products recalled from the market; Defective products. The Seller will immediately notify LE PETIT MARKETPLACE of any recall affecting a Product and will immediately remove the Product Listing or its offers for sale published in the Product List for that Product from the full LP Marketplace.
4.6 Customer service issues. The Seller will deal with all problems of service with the customer related to the Seller’s products. LE PETIT MARKETPLACE is not responsible for handling customer service issues related to the Seller's Products. If the Seller does not address a customer service issue or request, LE PETIT MARKETPLACE will have the power to take the necessary actions to guarantee the resolution of the problem in a fair way and consistent with the philosophy of ethics and responsibility of LP MARKETPLACE
4.8 Customer Reviews and Ratings. LE PETIT MARKETPLACE may request Customers to review or provide comments about the Seller or their Products, and may publish any resulting rating or comment on the Marketplace for exhibit to the public.