Terms of Service
Name of the company: Vasquez Grp LLC
Represented by: Rudolph Vasquez
Hereinafter referred to as “The Representative”
Private Entrepreneur, hereinafter referred to as “The Vendor”
Hereinafter named “The Parties”, have entered into the following agreement:
1. TERMS AND DEFINITIONS
“The Product”- the item or items offered for sale by the Vendor through the Representative’s online MarketPlace.
“The Service”- the service or services offered for sale by the Representative
“The Store”- the online sales facility operated by the Representative on the Representative’s web site, https://nwipeddler.com also named NWI Peddler MP
“Vendor Shop” – The online vendor shop ran through the representative’s website
“The Buyer”- the purchaser of the Product or the Service through the Vendor Store.
“The Commission”- the percentage of the sales price set by the Representative that is collected as payment for use of the Sales Store.
2. RIGHTS AND OBLIGATIONS OF THE VENDOR
2.1 The Vendor has the right:
2.1.1 To offer his product or Service to the general public through the Store provided all the conditions stipulated in this Agreement are met.
2.1.3 To provide his/her own photographs and descriptive materials of the Product or Service being offered for sale through the Vendor Shop.
2.1.4 To use the Vendor Support Service by emailing email@example.com to resolve any questions regarding the Sale Facility, the Product or Service, or this Agreement.
2.1.5 To use any tools provided by The Store to operate their Vendor Shop
3. RIGHTS AND OBLIGATIONS OF THE REPRESENTATIVE
The Representative has the right:
3.1.2 To change the conditions governing the operations and use of the Store, including payment conditions, commissions, delivery and shipment requirements, according to the needs of the business.
3.1.3 To cancel any Items listed in The Vendor Shop that is deemed inappropriate on the Representative’s websites.
3.1.4 To terminate, permanently or temporarily, an association with a Vendor who fails to meet all the conditions of this Agreement or in any other way behaves in way that is detrimental to the Store.
3.1.5 To withhold payment to a Vendor who fails to meet his obligations under this Agreement.
3.2 The Representative is obliged:
3.2.1 To provide the services of the Store according to the terms of this Agreement.
3.2.2 To pay the Vendor without delay for his Product or Service once a sale is completed and payment by the Buyer has been received by the Representative, and to inform the Vendor that payment has been made.
Vendor shall receive payment covering both the Product or Service and shipping.
3.2.3 To notify the Vendor of any problems arising with payment from the Buyer, in a timely fashion.
3.2.4 To notify the Vendor of any problems with shipment or delivery that may originate with the Vendor.
3.2.5 To notify the Vendor of any claims or disputes from the Buyer concerning the Product or Service in order to resolve said matter.
3.2.6 To immediately inform the Vendor of any defective Product or Service provided by the Vendor to give the Vendor the possibility to replace said Product or Service.
3.2.7 Not to disclose or to use any confidential information provided by the Vendor, except as required by applicable legislation.
4. ORDERING AND SHIPPING
4.1 Once an order is placed with the Representative through the Store, the Vendor is immediately notified and must proceed with shipment or delivery, according to the specific conditions as set out in Annex II to this Agreement. Vendor must bear the cost of shipping until payment is received from the Buyer.
5. PRICES AND COMMISSIONS
5.1 The Vendor sets the price of the Product or Service offered for sale through the Store. A commission of X percent* is added to the price set by the Vendor, and the total is displayed as the sale price alongside the Product or Service on offer. The cost of shipping or delivery is also indicated alongside the Product or Service, and is added to the sale price. The total amount is what is charged to the Buyer.
*The commission varies according to the Product or Service and is set out in Annex I.
5.2 Payment is made by secure web-based payment methods, by bank transfer, or by cash. The method of payment is set out in Annex I.
6.1 In the event the Product or Service provided by the Vendor is defective or does not match the digital image displayed through the store, the Vendor is under the obligation to replace the Product or the Service. If the Vendor is unable to do this, he/she will remain liable for the cost of shipment or delivery incurred.
6.2 In the event a Vendor ships or delivers defective or substandard Products or Services for a second time, the Representative reserves the right to unilaterally terminate the Agreement.
6.3 In the event a Product is damaged during shipping, the terms of shipping as agreed by the Buyer shall apply. If insurance is taken out by the Buyer, compensation shall be only in the form of what the insurance provides and the Representative shall have no liability.
7. TERMINATION OF AGREEMENT
7.1 This Agreement can be terminated:
a. If both Parties reach an agreement to do so;
b. Unilaterally, subject to this Agreement and the laws of Ukraine.
7.2 The Vendor can revoke usage of the Representative’s services at any time, in which case his Product or Service is no longer displayed through the Store.
8. OTHER CONDITIONS
8.1 This Agreement shall come into force from the moment any services provided on the website https://nwipeddler.com are used.
8.2 All disputes that may arise from this Agreement are to be settled, if possible, by means of negotiations. All unsettled disputes can be brought before the courts
ANNEX I- Payment and price
1. The commission deducted from each vendor’s sales is 5 %.
Method of payment (check the appropriate box)
• Credit Card
The following terms (“Program Terms”) apply when you use any service (each, a “Merchant Commerce Feature”) NWI Peddler MP makes available for merchants to display, facilitate the sale of, and/or sell products to NWI Peddler MP Users (each, a “User”).
1. We may display product listings you create (“Product Listings”) on NWI Peddler MP, including on a feed elsewhere online in other Marketplaces.
2. Your Product Listings must comply with all applicable laws.
3. You are solely responsible for the contents of your Product Listings (including description, price, fees, tax, and any required legal disclosures).
4. You are responsible for displaying any sales, privacy, or other terms that you want to apply to your interactions with Users.
5. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information provided by you or accessed by NWI Peddler MP in connection with the Merchant Commerce Features (collectively, “Product Content”), including photos, videos, and Product Listing content, in connection with the NWI Peddler MP Services.
6. Any tools Vasquez Grp LLC provides in connection with Merchant Commerce Features, including tools to allow you to view information about past transactions or to calculate default shipping rate, tax rate, or other data, such tools are provided as a convenience only and you use them at your sole discretion and risk.
7. Vasquez Grp LLC is not responsible for processing, paying for, or fulfilling any sales that result from your Product Listings.
8. You may only use service providers (each a “Service Provider”) in connection with the Merchant Commerce Features if they act on your behalf and are bound by an agreement to protect Transaction Data at least as much as is required under these Program Terms. A breach of these terms by any of your Service Providers will be deemed a breach by you.
9. You may use any User’s data, content, or other information you receive from https://nwipeddler.com in connection with your use of the Merchant Commerce Features (“Transaction Data”) only in accordance with the Statement of Rights and Responsibilities (“SRR”) (including, as applicable, the SRR, NWI Peddler MP Pages Terms, and NWI Peddler MP Platform Policies) and any other consent you have received from the User. If there is a conflict, the SRR will control. You may only share Transaction Data with Service Providers or as required to comply with applicable law.
10. You may only use Transaction Data for marketing purposes if you have obtained prior express User consent during the checkout process on https://nwipeddler.com.
11. The following terms apply if you use a Merchant Commerce Feature that allows Users to initiate payments to you:
a. You must comply with Vasquez Grp LLC technical documentation with respect to any such Merchant Commerce Feature.
b. Your payments will be processed by a third-party payment processor with whom you have a direct relationship, and not by Vasquez Grp LLC.
c. You are solely responsible for determining, collecting, withholding, reporting, and remitting (if applicable) and all taxes, duties, fees and additional charges for sales that result from your Product Listings.
d. If you have linked your payment processor account to your https://nwipeddler.com account:
i. You authorize Vasquez Grp LLC to access, use, and interact with your payment processor account and service on your behalf, including to initiate authorizations, captures, refunds, and cancellations, to take other actions required to complete or monitor activity related to Product Transactions, or to receive data to allow Vasquez Grp LLC to determine chargeback rates and refund rates for all of your transactions. We may also initiate refunds or cancellations on your behalf.
ii. Vasquez Grp LLC may cancel any transaction we believe violates these Program Terms or the SRR, or if we believe doing so may prevent financial loss. We may also place a delay on a payment for a period of time, limit payment methods for a transaction, and limit your ability to make a sale, or deactivate your account.
e. If you have not linked your payment processor account to your https://nwipeddler.com account, you may receive tokenized payment credentials for each transaction. You may only use those tokenized payment credentials for the transaction for which you received them.
12. The following terms apply to sales made from Shops on your Page where a User paid for the item without leaving NWI Peddler MP.
i. You must comply with our Customer Support Policy and the Delivery, Return and Dispute Policy
The Program is part of the “NWI Peddler MP” under the SRR, and the SRR continues to apply to your use of the Program and any other use of NWI Peddler MP. In the event of any conflict between these Program Terms and the SRR, these Program Terms shall solely govern with respect to your use of the Program to the extent of the conflict. We may change or update these Program Terms from time to time and your continued use of the Merchant Commerce Features constitutes acceptance of those changes. These Program Terms will terminate in the event of any termination of the SRR, but the following provisions will still apply: the lead-in paragraph, Sections 5, 7-10 and this paragraph