The Site Terms highlighted and described herein shall apply to any and all transactions and activities carried out with the use of and/or on the Site in any of the Elected Countries. Should Mimelon get a notification from a Seller or a brand owner, governmental/administrative/judicial authority, that a Product or part of it violates the Intellectual Property Rights (IPRs) (including, but not limited to, patents, copyright, know-how, trade secret right, trademark, database, design, or any other right defined by Applicable Laws as IPR; any and all additional and related rights, private, personal or confidential information, both registered and unregistered; any rights to apply for and applications for registration, as well as other IPRs and similar/equivalent protection policies and practices existing and acting in any part of the world, and factors resulting in steps in response to violation, infringement, breach or misappropriation of any of these rights) belonging to any third party, as well as other rights belonging to any and all third parties, or any Applicable Laws operating in any of the Elected Countries, such Products can be deemed subject to removal from the Site and/or warehouse (if there are any) by Mimelon; we either remove them ourselves or request the Seller to remove them within a specified period of time, via the Seller account or in any other way. The Seller shall realize that Mimelon reserves the right to modify existing business rules and customer care guidelines, and/or introduce and implement new ones at its sole discretion. Mimelon shall not be obliged to share any information with users prior to or following the termination of the Seller account and/or any of the Site Terms.
FEES AND PAYMENTS
Unless required otherwise, please, make your payments and address fees as described on the Site Except as provided otherwise, our fees for Our Services are set out on the Site http://mimelon.com/selling-fees/c/ or follow the instructions delivered via the Seller’s account and specified for each Elected Country. Please, note that they may be modified from time to time. The Seller shall pay taxes, as well as costs, interests and penalty sums that may be enforced by authorized persons for untimely payment or non-payment of such taxes, costs, interests and penalty sums as required by any Applicable Laws in any of the Elected Countries. These payments, if enforced, shall be made as an addition to our fees. We expect you to authorize us to verify your data (by providing us a documented evidence of your authorization at our request), as well as any updated data, so that, as discussed and agreed with you, we can obtain credit information, including credit card information, from your issuer. The goal is to deduct sums payable by users as reimbursement or otherwise. Unless required otherwise, any and all sums stipulated by the Site Terms will be expressed and shown on the Site or in the Seller’s profile in the currency, which is used in the Elected Country specified by the Seller. All payments stipulated by the Site Terms shall be made in the currency, which is used in the Elected Country specified by the Seller. Fees payable by the Seller shall not include applicable duties and taxes, such as VAT, sales/transaction taxes, gross receipt taxes (deemed as “Indirect Taxes”). In cases whereby fees to be paid by the Seller are liable to Indirect Taxes, Mimelon will charge the Indirect Taxes in addition to those payable in keeping with the Site Terms. The Seller shall direct any of such information to Mimelon, as it is required for determining the degree of Mimelon’s obligation, if any, to collect Indirect Taxes from the Seller, or for ensuring that Mimelon complies with any and all legal obligations and procedures when collecting and enforcing Indirect Taxes. Should the Seller or a customer be obliged to make shipment payments, Mimelon will deduct sums payable before releasing payment, during the respective month. Mimelon will take reasonable steps to ensure that the Seller sees in his/her account the cost of an item minus Mimelon’s fee as presented on the Site and in keeping with Mimelon’s payment terms in the respective Elected Country, following successful sale and delivery of a Product, within thirty days after delivery. The period is subject to customer dispute or dispute settlement time. Following the sale and receipt of the sum, the Seller is free to transfer the balance to his/her bank account. We can only remit funds received by us on the Seller’s behalf, which we have received minus sums that are owed to us, chargebacks or reversals, or sums withheld in compensation for expected claims as stated in the Site Terms. Any and all disputes and conflicts shall be resolved in a friendly fashion. In case of inability to find a resolution, the parties shall act in accordance with the relevant clause.
Regardless of any other provision contained in the Site Terms and with no intention of violating any other Mimelon’s remedies and rights, the Seller shall compensate Mimelon for any loss or damage (direct or indirect, including or relating to any investigation costs, fees or any other financial burden), in cases whereby any of the Seller’s item is proved to be refurbished, counterfeit or modified in any way, or there are signs of fraud or dishonest activities on the side of the Seller.
SELLER WARRANTIES AND REPRESENTATIONS
The Seller shall clearly state and warrant that: (i) if you are a company, corporation, partnership, or any other type of business, you utilize a legitimate business model in strict accordance with the Applicable Laws of the Elected Country, in which your profile is registered and it is registered for Our Services as required by the Site Terms within such a country; (ii) the Seller shall exercise respective rights, power and authority to follow the Site Terms, carry out your obligations, and provide the authority, licenses and rights in the Site Terms; (iii) the Seller has the licenses, power, permissions, permits, IPRs, authorizations, and consents in using the products and to promote and sell the Products within the area, in which they can be sold on the Site; (iv) the Seller’s Products meet safety and quality standards applicable in the area and specified in the Site Terms; (v) presenting and distribution of any Products via the Site in violation of any third party contracts entails responsibility for the Seller; (vi) presenting, placement, distribution and sale of the Seller’s Products shall not violate or breach any of the laws applicable in the Elected Country or any third party rights; (vii) all Products and Materials must be original and free from any flaws, defects and damage; (viii) the Seller shall not get involved in any improper, unethical or unfair business activities, publish and/or distribute any misleading, false or inaccurate information when advertising on or with the use of the Site; (ix) the Seller shall present, distribute, sell and deliver new and unused Products only and refrain from presenting, distributing, selling and delivering to buyers any modified or used Products; (x) the Seller shall realize that he/she has obligations under Applicable Laws of the Elected Country to indemnify Mimelon against any costs, losses and/or damage incurred by the company due to the Seller’s breach of or failure to follow these obligations.
RETURNS AND REFUNDS
The Seller shall strictly follow our refund and return policy as stated at https://Mimelon.com/return-policy/c/ of the Site, in cases whereby Products distributed via and sold via and on the Site are to be refunded and returned within the refund and return period starting from the date of receipt of the products by the buyer. According to the Mimelon return policy, Products must be returned in the original packaging and condition, in which they were purchased, delivered and received, by a buyer. The Mimelon customer support group will organize a delivery of the Product back to the Seller, and the Seller shall make a full and complete refund to the relevant customer at this point. The Seller shall always accept the return. In cases whereby a return results from factors other than a breach of any obligations on the Seller’s part, Mimelon shall not get any compensations through levying costs or penalties (unless the Site Terms require otherwise). The Product will be returned to the Seller’s designated shipping address stated in the profile. If the designated shipping address stated in the Seller’s profile is no longer relevant or incorrect, of the Seller has failed to provide a designated shipping address in the Elected country, or there data provided by the Seller is insufficient for us to make arrangements to finance the delivery of the Product(s) that is subject to return, the Product(s) will be categorized as abandoned, and Mimelon will choose to dispose of them in a fashion permitted by the Applicable Law in the Elected Country. The Seller shall compensate for any and all product storage, return and disposal costs incurred by us. Mimelon reserves the right to dispose of Products at its sole discretion, and the Seller will be deemed to have consented to the practice, in cases whereby Mimelon deems these Products as ones that pose health, safety and liability risks to Mimelon personnel or any third party. As we dispose of such Products, we receive a title to such Products at no costs, and we shall retain all benefits, if any, received from the disposal process.
Unless Products are fulfilled according to the Other Service terms, the Seller shall accept any and all refunds, process cancellations, adjustments and returns, as required by the refund and return policy presented on the Site and applying to Our Services and Products sold via the Site, with the help of the functions that are available to you via your account. We reserve the right to accept, process and calculate refunds, returns and cancellations in our customers’ benefit with all your obligations intact, at our full discretion. The Seller shall direct any and all payments resulting from the return of his/her Products, to customers, with the help of the respective Mimelon Contracting party through the Site. All payments to our customers are made in a manner determined by us, and the Seller shall reimburse Mimelon for any payment made by Mimelon. Also, Mimelon may deduct relevant amounts from the Seller’s account.
IMPROPER OR FAILED DELIVERY AND NON-CONFORMITIES
Any non-performance, improper or failed delivery, theft, or any other improper act relating to your Products’ fulfillment, entails the Seller’s full responsibility, except cases whereby: (i) there has been a credit card failure or fraud, including cases when we are responsible for such failure or fraud; (ii) our inability or failure to provide you the order and shipping information, concerning any product ordered via the Site, as it was received by Mimelon or obtained during address verification. However, for any and all your Products that are fulfilled in keeping with the FBS Terms, if any, these terms will apply in cases of improper or failed delivery, theft, or any other improper act relating to those Products’ fulfillment. The Seller is responsible for any defect or nonconformity, as well as any private or public withdrawal of any of your Products or other products relating to your Products. Should you get to know about any private or public withdrawal of any of your Products or other products relating to your Products, you are obliged to notify us immediately.