Seller's Terms and Conditions

NOW THIS AGREEMENT WITNESSES AS UNDER:

1.      Scope

a)      CodeMate Company Limited owns and operates a Sokoni Online Shopping Mall Platform in Tanzania that allows vendors to sell their products to the public over the internet. This platform is currently available on both website www.sokoni.co.tz, and Android Mobile App but may be provided on different websites or applications in the future.

b)      The vendor will have the opportunity to sell their products on Sokoni Online Shopping Mall platform. Sokoni Online Shopping Mall is entitled to accept purchases on behalf of the seller. The service provided by Sokoni Online Shopping Mall is limited to referring customers to the vendor and accepting orders and payments on their behalf. In addition to this at Sokoni Online Shopping Mall’s discretion they may provide the vendor with analytics about the performance of the vendor’s products and additional marketing support. This support may be reflective of the agreed level of commission.

c)      The vendor authorizes Sokoni Online Shopping Mall to accept binding orders from customers on their behalf.

d)      Sokoni Online Shopping Mall may carry out changes to the website or service, or suspend the service, without notice.

2.      Sokoni Online Shopping Mall platform rights and Obligations

a)      The vendor acknowledges that the relationship between customers and Sokoni Online Shopping Mall is governed by the privacy policy and the general terms and conditions, both available on the website.

b)      Sokoni Online Shopping Mall platform will present on the website the products listed by the seller. The vendor will be responsible for listing their own products.

c)      Sokoni Online Shopping Mall platform is authorized to accept binding sales on behalf of the vendor and will be careful to pass order data on to the vendor as well as technology allows.

d)      In order to maintain its reputation for quality and high standard of service, Sokoni Online Shopping Mall platform reserves the right to terminate the relationship with the vendor if the vendor repeatedly receives bad reviews or complaints, or fails to comply with our recommendations.

3.      Vendors rights and Obligations

a)      The vendor is obliged to provide all the information necessary when listing a product on www.sokoni.co.tz. This should include but is not limited to, a detailed title and sub-title, price, quantity, picture and description. The vendor must never knowingly deceive a potential customer by misrepresenting their product/s.

b)      The vendor guarantees that information listed on Sokoni Online Shopping Mall platform relating to his products satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.

c)      The vendor will be responsible for keeping an up-to-date inventory of all their products listed on Sokoni Online Shopping Mall platform.

d)      The vendor guarantees that the information provided by him does not violate any third party's copyright.

e)      The vendor should fulfill orders within 1 working day. The vendor is required to keep his advertised products and services available to the best of his ability. Repeated stock-outs will result in the removal of the vendor and all their products from the Sokoni Online Shopping Mall platform.

f)       If the vendor cannot fulfill an order submitted to him, he must notify Sokoni Online Shopping Mall as soon as possible, and within 1 day of receiving the order at the latest.

g)      The vendor agrees to adhere to his range of products and prices as provided to Sokoni Online Shopping Mall and as described on their listing on the website. The vendor guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform. The vendor further guarantees to take great care to keep up-to- date his range of products, stock count, prices and associated terms and conditions.

h)      The vendor representative is to provide Sokoni Online Shopping Mall with a copy of his/her valid Identity Card at the contract signature.

i)        The Vendors agree to provide valid receipt recognized by TRA for every sold product to Sokoni Online Shopping Mall.

j)        Vendor is bound to agree our return policy.

4.      Commission

a)      The vendor agrees Sokoni Online Shopping Mall to deduct a fixed percentage commission on the gross revenue from their sales made through the Sokoni Online Shopping Mall platform. Depending on the category it may be appropriate to agree different commission percentages for certain items or product categories.

b)      Sokoni Online Shopping Mall may start charging additional fees for the sale of goods through the Sokoni Online Shopping Mall platform at any point. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees. In the event of the introduction of further fees, the vendor will be notified prior to their commencement in writing and they will have the option to opt out.

c)      Sokoni Online Shopping Mall reserves the right to adjust the percentage commission, providing suitable notice is served in advance to the vendor. Sokoni Online Shopping Mall will give the vendor adequate notice of any commission changes, in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.

5.      Vendor Payment From Sokoni Online Shopping Mall

a)      For either Cash or Electronic Payment by the Customer (e.g. by credit card, debit card, Wireless Online Transfer, Mobile Money or Cash), Sokoni Online Shopping Mall collects the payment for the relevant order in Sokoni Online Shopping Mall’s name on behalf of the vendor

b)      Vendor is bound to agree the deduction of agreed commission fee or any other additional fee from Sokoni Online Shopping Mall before receiving payment of sold products/services.

c)      Vendor is to receive the payment of sold products/services after deduction of agreed fee from Sokoni Online Shopping Mall within 24hrs upon the sale of the product.

d)      Payments to vendor would be made by Mobile money (e.g. M-Pesa, T-Pesa, Airtel Money, etc.) or bank account.

6.      Liability

a)      The vendor indemnifies Sokoni Online Shopping Mall from all claims arising in relation to matters outside Sokoni Online Shopping Mall's control, including but not limited to the quality of goods and services provided by the seller. The vendor further indemnifies Sokoni Online Shopping Mall from third parties' claims resulting from any violation of laws and regulations by the seller.

b)      Sokoni Online Shopping Mall cannot guarantee that its service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.

c)      VAT liability rests with the vendor and Sokoni Online Shopping Mall will not be responsible for any VAT issues.

7.      Privacy

Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.

8.      License

a)      Sokoni Online Shopping Mall has the right to freely maintain the vendor's listing and its ranking on the website. Sokoni Online Shopping Mall offers customers the opportunity to give ratings and reviews of the vendor's goods and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. Sokoni Online Shopping Mall reserves the right to delete ratings and reviews.

b)      Sokoni Online Shopping Mall may scan, transcribe, and publish online the vendor's listings, logos and other materials required. The vendor grants to Sokoni Online Shopping Mall a royalty- free, perpetual, unrestricted license to use and distribute any materials provided by him, for the purpose of advertising Sokoni Online Shopping Mall's service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.

9.      Commencement, Terms and Termination

a)      The date of execution of this agreement shall be the commencement date and remain valid for a period of 2 years initially and can be renewed on mutually agreed terms at the time of renewal for such terms as the parties agree until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause remains unaffected.

b)      The right to immediate termination in particular covers the case where the vendor repeatedly receives negative ratings and reviews on the website, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the vendor's items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.

10.  General

a)      If a single clause in this agreement is invalid, both parties will endeavor to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.

b)      Sokoni Online Shopping Mall reserves the right to modify his general terms and conditions without giving any justification. In that case, Sokoni Online Shopping Mall will give the vendor adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.

c)      The changed terms and conditions are considered agreed by the vendor if he does not object to them in writing within 2 weeks of receiving notice of the changes.

d)      Any terms and conditions of the vendor are not part of this agreement unless Sokoni Online Shopping Mall expressly agrees to adhere to them in writing.