Effective Date: 01/10/2024 

Legal Name: Bazaar Middle East FZ-LLC 

Website: www.bazaar-me.ae

1. Introduction

Welcome to Bazaar Middle East FZ-LLC (“BazaarME,” “we,” “our,” or “us”). These Seller Terms & Conditions (“Terms”) govern your use of the BazaarME platform (“Platform”) to sell products directly to buyers (“Users”). By registering as a Seller on the Platform, you agree to be bound by these Terms, as well as any policies, guidelines, or rules posted on the Platform.

2. Definitions

   • Platform: The BazaarME website and mobile applications where Sellers list and sell Products.
   • Seller: Any individual or legal entity registered to sell Products through the Platform.
   • Product: Any item listed and sold by the Seller on the Platform.
   • Order: A request from a User to purchase Products from a Seller.
   • Payment: The total amount due to the Seller for an Order, inclusive of the Product price, delivery fees, and applicable taxes.
   • Commission: The fee charged by BazaarME for facilitating the sale of Products through the Platform.

3. Seller Registration and Account Management

• Seller Registration

To become a Seller on the BazaarME Platform, you must complete the registration process by providing accurate and up-to-date information, including your name, contact details, legal business information, and payment details. By registering, you represent and warrant that you have the authority to enter into these Terms and that all information provided is true and accurate.

• Account Approval and Verification

BazaarME reserves the right to review, verify, and approve or deny any Seller registration request at its sole discretion. We may require additional information or documentation to verify the authenticity of your business or products. Sellers are responsible for maintaining updated account information. Failure to provide accurate details or to comply with verification requirements may result in the suspension or termination of your Seller account.

• Account Security

You are responsible for maintaining the confidentiality of your account login credentials, including your password. You agree to notify BazaarME immediately of any unauthorized access or security breach involving your account. BazaarME is not liable for any losses or damages resulting from unauthorized access due to your failure to secure your account.

• Account Suspension or Termination

BazaarME may suspend or terminate your Seller account at its discretion for any of the following reasons:

• Submission of false or inaccurate information during registration or account management.
• Engagement in fraudulent activities, such as selling counterfeit goods or price manipulation.
• Violation of these Terms, applicable laws, or policies set by BazaarME.
• Consistent failure to fulfill orders, deliver quality products, or receive excessive negative feedback from users.

In the event of account suspension or termination, you will no longer have access to the Platform, and any pending transactions may be canceled.

4. Product Listings and Seller Obligations

• Product Listings

Sellers are responsible for providing complete, accurate, and up-to-date information for each Product listed on the Platform, including but not limited to:

• Product name, description, and specifications.
• Product images that clearly represent the actual item being sold.
• Pricing, availability, and any applicable shipping fees.
• Compliance with all legal requirements, such as consumer protection laws, labeling standards, and safety regulations.

BazaarME reserves the right to modify or remove any Product listings that violate these Terms or applicable laws.

• Product Compliance

Sellers must ensure that all Products listed on the Platform:

• Comply with local, federal, and international laws, including consumer protection and safety standards.
• Do not infringe on the intellectual property rights of third parties.
• Are legally permitted for sale in the United Arab Emirates and any applicable jurisdictions where the Product is being shipped.

Sellers are solely responsible for ensuring their Products meet all regulatory requirements and certifications necessary for legal sale.

• Intellectual Property

Sellers must guarantee that their Product listings do not infringe on any third-party intellectual property rights, including but not limited to copyrights, trademarks, and patents. By listing Products on the Platform, Sellers grant BazaarME a non-exclusive, royalty-free license to use Product information, images, and branding for marketing and promotional purposes.

• Product Availability and Updates

Sellers are required to keep their Product listings up to date, including availability, pricing, and descriptions. In the event that a Product becomes unavailable or is out of stock, Sellers must immediately update the listing to reflect the accurate status. Sellers are prohibited from altering the price of a Product after an Order has been placed.

• Prohibited Products

Sellers are not allowed to list the following types of Products on the Platform:

• Counterfeit or illegal items.
• Products that do not comply with UAE law or international standards.
• Products that pose health or safety risks to consumers.
• Products that infringe upon the intellectual property rights of others.

• Seller Obligations

By listing a Product on the Platform, Sellers agree to:

• Maintain responsibility for the quality and condition of the Products.
• Ensure Products are delivered as described and in the condition stated at the time of listing.
• Respond promptly to user inquiries and complaints.
• Provide after-sales support for returns, exchanges, and refunds in accordance with the BazaarME return policy.

• Stock Accuracy and Penalties for Unavailability

Sellers are required to ensure that their Product listings accurately reflect current stock levels. If a Seller accepts an Order and subsequently discovers that the Product is out of stock or unavailable due to failure to update their listing, the following penalties may apply:

• The Seller may be charged a penalty equivalent to up to 50% of the total Order value, as determined by BazaarME.
• BazaarME reserves the right to issue refunds to the User and deduct any costs associated with the cancellation from the Seller’s future payouts.
• Repeated violations of stock accuracy may result in suspension or termination of the Seller’s account, as outlined in Section 3.4.

Sellers are responsible for notifying BazaarME immediately upon discovering stock discrepancies to mitigate any negative impact on User experience.

5. Order Management and Fulfillment

• Order Acceptance

Once an Order is placed by a User on the Platform, the Seller is required to confirm the Order within the timeframe specified by BazaarME. Failure to confirm the Order within this timeframe may result in automatic cancellation of the Order and potential penalties, as determined by BazaarME.

• Order Fulfillment

Sellers are responsible for fulfilling Orders promptly and ensuring that Products are shipped within the specified handling time. Sellers must:

• Process and ship the Product in accordance with the delivery options selected by the User.
• Ensure that the Product is packaged securely and labeled correctly to minimize the risk of damage during transit.
• Include all necessary documentation (such as invoices, product manuals, and warranty cards) with the shipment.
• Update the order status in the Seller dashboard to reflect the current stage of fulfillment (e.g., “shipped,” “in transit”).

• Regular Products

For regular products, BazaarME assigns a third-party delivery service to handle shipping. Sellers are responsible for preparing the product for pickup and ensuring it is ready within the agreed timeframe.

Delivery Fee: Sellers are responsible for a portion of the delivery costs based on the order value. The delivery fee structure is as follows:

• Products below 100 AED: No delivery fee is applicable to the seller.
• Products between 101 AED and 500 AED: The seller shall pay a delivery fee of 5 AED.
• Products of 501 AED and above: The seller shall pay a delivery fee of 10 AED.

• Large Products

For large products (e.g., furniture, large kitchen appliances, large multimedia electronics), the seller is responsible for delivering the product directly to the customer. The delivery cost is included in the product price, and no additional delivery fees are charged to the customer.

These large products are exempt from the delivery fee structure for regular products.

• Risk and Ownership Transfer

The risk of loss or damage to the Product passes to the User upon successful delivery, unless otherwise specified by applicable law. Ownership of the Product transfers to the User only when BazaarME confirms full payment has been received, and the Product has been delivered successfully.

• Failed Delivery

If a Product is returned to the Seller due to an incorrect delivery address provided by the User, the Seller must attempt to contact the User to arrange for re-delivery. In such cases, the User may be charged additional shipping fees for the second delivery attempt. If the Seller is unable to re-deliver the Product, the Order may be canceled, and a refund will be processed according to BazaarME’s return and refund policies.

• Order Cancellations by Seller

Sellers are required to fulfill all accepted Orders. If a Seller must cancel an Order due to unforeseen circumstances (such as a sudden lack of stock), they must notify BazaarME immediately. Repeated Order cancellations may result in penalties, including account suspension or termination, as outlined in Section 3.4.

• Order Cancellations by User

Users may cancel an Order before it has been shipped. Sellers are required to process any such cancellations promptly and notify BazaarME to initiate a refund. If the Product has already been shipped, the Seller must coordinate with the User and BazaarME to process a return and refund according to BazaarME’s policies.

6. Pricing, Payments, and Fees

• Pricing

Sellers are responsible for setting the prices of their Products. All prices must be accurate, transparent, and must not include any applicable taxes, such as the UAE’s Value Added Tax (VAT), as the site will automatically calculate and add VAT at checkout. Sellers must ensure that Product prices are competitive and comply with local pricing laws. Sellers are prohibited from raising prices once an Order has been placed.

• Price Changes

Sellers may adjust prices at their discretion, provided the changes are reflected in their Product listings before any Orders are placed. Price changes do not affect Orders that have already been confirmed by the User.

• Selling Plans and Fees

BazaarME offers different selling plans for Sellers, with applicable fees:

• Professional Selling Plan: 0 AED per month.
• Individual Selling Plan: Individual selling is currently not available.

Upon the sale of an item, BazaarME collects the total amount remitted by the buyer, including the item price and any applicable delivery, gift wrap, or other charges. Sellers are subject to fees based on the category of their selling plan.

• Commission and Referral Fees

Sellers are charged a commission fee on each sale, which varies based on the Product category and is outlined in BazaarME’s fee schedule. Additionally, a referral fee is applied per item sold:

• Referral Fees

Sellers are obligated to remit a referral fee for each item sold, with certain categories imposing a minimum referral fee per item. BazaarME deducts the applicable percentage of the referral fee from the total sales price, excluding any taxes calculated through BazaarME’s tax calculation services.

• Refund Administration Fee

In the event that a customer requests a refund due to a wrong product, fake product, damaged product, or any other legitimate reason, the Seller shall bear the cost of the refund. Additionally, a refund administration fee of 5% plus 2 AED will apply. The Seller is responsible for ensuring that the Product meets the customer’s expectations, and failure to do so will result in the Seller bearing any shipping or handling fees associated with the return of the Product.

• Delivery Fees

Sellers are responsible for a portion of the delivery costs based on the order value. The delivery fee is apportioned as follows:

• Products below 100 AED: No delivery fee is applicable to the Seller.
• Products between 100 AED and 500 AED: The Seller shall pay a delivery fee of 5 AED.
• Products of 501 AED and above: The Seller shall pay a delivery fee of 10 AED.

• Payment Processing

Payments for Orders are processed by BazaarME on behalf of Sellers. Once a User places an Order, BazaarME collects payment from the User through its payment processing system. Sellers will receive the sale proceeds after deducting any applicable fees, including commission, referral, and delivery fees.

• Payout Schedule and Withdrawal Provision

Sale proceeds are disbursed to Sellers on a [weekly/bi-weekly/monthly] basis, according to BazaarME’s payout schedule. Sellers may initiate a withdrawal request no less than 15 days from the date of sale.

• Minimum Balance for Automatic Withdrawal Approval

To obtain automatic approval for withdrawal requests, Sellers must maintain a minimum balance of 500 AED in their account. If the Seller’s balance falls below 500 AED, the withdrawal request will require manual approval.

• Tax Obligations

Sellers are responsible for all taxes associated with their sales on the BazaarME Platform. This includes VAT, customs duties, and any other taxes applicable to the sale or shipment of Products. Sellers must comply with UAE tax regulations and provide BazaarME with accurate VAT registration details, if applicable.

• VAT Invoicing

If a Seller is VAT-registered, they are required to include VAT in the Product prices and provide VAT-compliant invoices. BazaarME may assist in generating invoices on behalf of the Seller, but the Seller remains responsible for ensuring compliance with all VAT regulations.

• Penalties for Non-Compliance

If a Seller fails to comply with pricing, payment, or fee policies, BazaarME may impose penalties, including withholding payments, issuing fines, or suspending the Seller’s account. Repeated violations may result in permanent termination of the Seller’s account.

7. Returns, Refunds, and Cancellations

• Seller Responsibility for Returns

Sellers must adhere to BazaarME’s return policy, which allows Users to return Products within a specified return window (typically [14/30] days from the date of delivery, unless otherwise stated). Sellers are required to:

• Accept returns for Products that are damaged, defective, or do not match the description provided in the listing.
• Process returns promptly and coordinate with BazaarME to issue refunds to Users, if applicable.

• Refunds and Replacements

In the case of a returned Product, Sellers must offer Users either a replacement or a refund, depending on the User’s preference and the nature of the return. Refunds must be issued promptly, and BazaarME will deduct the refund amount, including the Refund Administration Fee (5% plus 2 AED), from the Seller’s next payout.

• Refund Processing

BazaarME will handle the refund process on behalf of the Seller. Refunds will be issued using the same payment method the User used to place the Order. The Seller is responsible for the cost of the refund, including any applicable fees as outlined in Section 6.4 of the Pricing, Payments, and Fees section.

• Return Shipping Costs

If a Product is returned due to a Seller error (e.g., wrong item sent, damaged Product), the Seller is responsible for covering the return shipping costs. If the return is initiated by the User for reasons unrelated to the Seller (e.g., change of mind), the User may be required to cover the return shipping costs, depending on the Seller’s return policy.

• Cancellation by Users

Users are allowed to cancel an Order before the Product has been shipped. Sellers must promptly accept cancellation requests and ensure that no Product is shipped once the cancellation has been confirmed. If the Product has already been shipped, the User must follow the return process outlined in these Terms.

• Refund for Canceled Orders

For canceled Orders, the Seller must ensure that any payments collected are promptly refunded to the User. BazaarME will process the refund and adjust the Seller’s payout accordingly.

• Cancellation by Sellers

Sellers are required to fulfill all confirmed Orders. If a Seller must cancel an Order due to unforeseen circumstances (e.g., lack of stock, damaged Product), they must notify BazaarME immediately. Repeated cancellations by Sellers may result in penalties, including account suspension or termination, as outlined in Section 3.4.

• Penalties for Non-Compliance

If a Seller fails to comply with the return, refund, or cancellation policies, BazaarME may impose penalties, including:

• Deduction of the refund amount from future payouts.
• Refund Administration Fee (5% plus 2 AED) for handling returns due to Seller errors.
• Suspension or termination of the Seller’s account for repeated violations.

• Dispute Resolution for Returns and Refunds

In the event of a dispute between a Seller and a User regarding a return or refund, BazaarME will mediate the dispute in accordance with its dispute resolution process. Sellers are required to cooperate with BazaarME to resolve the dispute and ensure that the User receives a fair outcome.

8. Intellectual Property

• Seller’s Intellectual Property

Sellers retain ownership of all intellectual property rights related to the Products they list on the BazaarME Platform, including but not limited to trademarks, copyrights, and patents. However, by listing a Product on the Platform, Sellers grant BazaarME a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display the Product’s information (including images, descriptions, and branding) for the purpose of operating, promoting, and improving the BazaarME Services.

• License Termination

This license shall remain in effect until the Seller removes the Product listing or terminates their Seller account. Once the Product is removed or the account is terminated, BazaarME will cease using the Seller’s intellectual property in any future promotions or marketing efforts, although previously published content may remain on the Platform for archival purposes.

• Prohibited Use of Intellectual Property

Sellers are prohibited from using BazaarME’s trademarks, trade names, logos, or any other intellectual property for their own promotional or commercial purposes without prior written consent from BazaarME. Unauthorized use of BazaarME’s intellectual property may result in the suspension or termination of the Seller’s account and legal action if necessary.

• Seller’s Warranty on Intellectual Property

By listing a Product on the BazaarME Platform, Sellers represent and warrant that:

• They are the rightful owner or have the necessary legal rights to sell and market the Product.
• The Product listing, including any images, descriptions, and branding, does not infringe upon the intellectual property rights of any third party.
• Any use of intellectual property in connection with the Products, including trademarks, copyrights, or patents, complies with all applicable laws.

If a third-party intellectual property dispute arises due to a Seller’s Product, the Seller agrees to defend, indemnify, and hold BazaarME harmless against any claims, damages, liabilities, and costs arising from the dispute.

• BazaarME’s Intellectual Property

All content provided on the BazaarME Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, “Content”), is the property of BazaarME or its content suppliers and is protected by applicable copyright, trademark, and intellectual property laws.

• Limited License to Sellers

BazaarME grants Sellers a limited, non-exclusive, non-transferable, and revocable license to access and use the BazaarME Platform solely for the purpose of listing and selling Products. This license does not include the right to modify, reproduce, or create derivative works of any Content owned by BazaarME without prior written consent.

• Intellectual Property Claims

If a Seller believes that their intellectual property rights have been violated by a third party on the BazaarME Platform, they may file a formal complaint with BazaarME by providing sufficient evidence of ownership and details of the infringement. BazaarME will investigate and take appropriate action, which may include removing the infringing content or suspending the offending Seller’s account.

9. Confidentiality

• Definition of Confidential Information

For the purposes of these Terms, “Confidential Information” refers to any information disclosed by BazaarME to the Seller, whether in written, electronic, or oral form, that is designated as confidential or that reasonably should be understood to be confidential, including but not limited to:

• Business strategies, pricing models, and marketing plans.
• Technical data, systems, and software used by BazaarME.
• Personal data of Users, including contact and payment details.
• Information regarding BazaarME’s operations, suppliers, and partners.

• Obligations of Confidentiality

The Seller agrees to:

• Use Confidential Information solely for the purpose of performing their obligations under these Terms and in connection with their participation on the BazaarME Platform.
• Not disclose or provide Confidential Information to any third party without the prior written consent of BazaarME.
• Take reasonable precautions to protect the confidentiality of the information, ensuring that it is not misused or disclosed.

• Exclusions

Confidential Information does not include information that:

• Was in the public domain at the time of disclosure or subsequently entered the public domain through no fault of the Seller.
• Was lawfully in the possession of the Seller prior to receiving it from BazaarME.
• Is disclosed by the Seller with the prior written approval of BazaarME.
• Is required to be disclosed by law, provided that the Seller gives BazaarME sufficient notice of such disclosure to allow BazaarME to seek an appropriate protective order or remedy.

• Duration of Confidentiality Obligations

The Seller’s obligations of confidentiality will remain in effect throughout the term of their participation on the BazaarME Platform and for a period of [two] years after the termination of their Seller account or relationship with BazaarME.

• Return or Destruction of Confidential Information

Upon the termination or expiration of the Seller’s account or upon BazaarME’s request, the Seller agrees to promptly return or destroy all Confidential Information in their possession, including copies, notes, or summaries thereof, in whatever form.

• Breach of Confidentiality

Any breach of confidentiality by the Seller may result in immediate suspension or termination of the Seller’s account and legal action to recover damages or seek injunctive relief. BazaarME reserves the right to seek all available remedies for any breach of this section.

10. Governing Law and Dispute Resolution

• Governing Law

These Terms, and any disputes or claims arising from or related to your use of the BazaarME Platform or your participation as a Seller, shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE), without regard to its conflict of laws principles.

• Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Seller’s use of the BazaarME Platform, or the sale of Products, the parties shall first attempt to resolve the dispute through good faith negotiations.

• Mediation

If the dispute cannot be resolved through negotiations within [30] days, the parties agree to submit the matter to mediation administered by the Dubai International Arbitration Centre (DIAC), in accordance with its rules. The mediation will take place in Dubai, UAE, and will be conducted in the English language.

• Arbitration

If mediation fails to resolve the dispute, the matter shall be settled by binding arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC). The arbitration shall be conducted in Dubai, UAE, in the English language. The arbitrator’s decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

• Small Claims Tribunal

For disputes or claims that fall within the jurisdiction of the Dubai Small Claims Tribunal (SCT), the parties agree to resolve the dispute through the SCT. The SCT shall have exclusive jurisdiction over any small claim’s disputes.

• Jurisdiction

In cases where arbitration is not applicable, or if a court of competent jurisdiction must intervene, the courts of Dubai, UAE, shall have exclusive jurisdiction to settle any disputes or claims arising out of or related to these Terms, the Seller’s use of the Platform, or any Products sold on the Platform. The Seller agrees to submit to the personal jurisdiction of the courts of Dubai, UAE, and waives any objection based on the inconvenience of such forum.

• Injunctive Relief

Notwithstanding the above, BazaarME reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop the infringement of its intellectual property rights or unauthorized access to the BazaarME Platform.

11. Miscellaneous Provisions

• Entire Agreement

These Seller Terms & Conditions, together with the Privacy Policy, and any other documents referred to within, constitute the entire agreement between you (the Seller) and BazaarME regarding your use of the Platform as a Seller. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to your use of the BazaarME Platform as a Seller.

• Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or arbitrator of competent jurisdiction, such provision shall be severed, and the remaining provisions will continue in full force and effect.

• Waiver

The failure of BazaarME to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of BazaarME to be effective.

• Assignment

Sellers may not assign or transfer any of their rights or obligations under these Terms without prior written consent from BazaarME. BazaarME reserves the right to assign or transfer its rights and obligations under these Terms to any third party without your consent.

• Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between BazaarME and Sellers. Both parties remain independent entities responsible for their own obligations under these Terms.

• Force Majeure

BazaarME shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of war, labor strikes, communication failures, government regulations, or pandemics. If such a force majeure event occurs, BazaarME will make reasonable efforts to resume operations as soon as possible.

• Notices

Any notices or communications to be given under these Terms must be in writing and sent by email to the contact information provided by BazaarME. Notices to Sellers will be sent to the email address associated with their account. Notices will be deemed delivered upon confirmation of receipt.