This is only applicable to our Vendors/Sellers/Mechanical parts Shops
This is only applicable to our Vendors/Sellers/Mechanical parts Shops
The Number Market Marketing Company[JT1] , a limited liability company registered under Jordanian laws with the Ministry of Industry and Trade under the number (61285), and its address is 162 Al-Madina Al-Munawwarah Street - Amman, Tel: +96265564680 Email: Info@for.parts. It is represented by Mr. Khalil Mahmoud Khalil Abu Al-Rub (hereinafter referred to as the “First Party” or the “platform”); And the
The Vendor company which is a company registered under Jordanian laws with the Ministry of Industry and Trade and bears the national number. (referred to herein (after "Second Party" or "Vendor" or "Seller").
Whereas, the Company operates an e-commerce platform consisting of a website and/or mobile application under the name “FOR.PARTS” (hereinafter referred to as the “Platform”), and through this platform, the Company allows legal persons to display their products consisting of mechanical parts and selling them through the Platform, and as the Vendor wishes to take advantage of the Platform to display and sell its products of mechanical parts and sell them (“Products”) without the Company bearing any liability whatsoever since the Platform is available to all vendors, and where both Parties acknowledge their legal and contractual capacity to enter into this Agreement and to be bound by its terms, the Parties have agreed as follows;
1. PREAMBULATORY CLAUSE
1.1 The preamble of this Agreement and all its appendices and all the policies, terms, and conditions of the First Party and the Platform published on the Platform are an integral part of the Agreement and shall be read with it for all purposes, and the Second Party acknowledges reading the terms contained herein and agrees to them and any future amendments thereto.
2. VENDOR'S ACCOUNT AND VENDOR'S DECLARATIONS:
2.1 The Vendor's account created on the Platform is subject to revision and approval at the Company's discretion provided that the Vendor has the right to create one account on the Platform, before activating the same on the platform, by filling in all the required information, including information about products. The company reserves the right to refuse and/or cancel and/or delete any account/subscription of the Vendor and/or suspend the activation of the account and/or subscription and/or reject and/or cancel and/or delete any products in the event the Vendor breaches the terms and conditions of this Agreement or breaches what is stated in Clause (1.1) above, without prejudice to any of the other rights of the Company.
2.2 By registering on the Platform, the Vendor shall be able to display, market, and sell products on the Platform, provided that the payment process is made under the provisions of this Agreement.
2.3 The Vendor acknowledges that the Vendor is solely responsible for its account on the Platform and the Products offered and sold through its account on the Platform, and hereby acknowledges that they have obtained all necessary approvals and licenses to conduct their business, sell and market their Products under the provisions of this Agreement, and the Vendor acknowledges that the Company’s obligations are limited to the process of facilitating the sales through the Platform, bearing in mind that the Company is not a party to the sales contract between the buyer and the Vendor and that the Company does not bear any responsibility whatsoever for any of the above.
3. PRODUCT SHOWCASING
3.1 The Vendor acknowledges he shall be solely responsible for displaying his Products on the Platform by uploading the Products with clear pricing including all relevant and added fees, detailed information, specifications, and pictures of each Product, as determined by the Company, noting that the Product shall be photographed and presented in the form and manner determined by the Company.
3.2 The Vendor acknowledges and agrees that the description of the Products shall include at least the following:
3.2.1 The image of the Products to be displayed on the Platform.
3.2.2 A clear name and accurate description of the Products to be displayed on the Platform “in both Arabic and English”.
3.2.3 Available quantities of each Product.
3.2.4 The price of the Product and the added amounts under the provisions of this Agreement.
3.2.5 Clearly state the warranty period in the Product description in case there is a warranty on the Product.
3.2.6 Determine the number of each Product.
3.3 The Vendor acknowledges and guarantees to the First Party that all Products displayed on his account on the Platform have obtained all the necessary approvals, licenses, and specifications specified by the Company before they are presented on the Platform and marketed, and that the Vendor bears full financial and legal liability in the event of a violation, including being held liable towards the Company and/or the buyer and/or any third parties.
3.4 The Vendor acknowledges that the lists of the listed Products and any information related to the Products and/or prices and/or any modification and/or change to the Products and prices on its page are correct, constantly updated, and true
4.1 The Vendor acknowledges and agrees that the pricing method of the Products is carried out by the Vendor with the approval of the Company so that all Product prices are determined inclusive of sales tax and any other tax applicable to the Products and are in Jordanian Dinar or any other currency chosen by the Vendor upon the Company’s approval. The Vendor is solely responsible for paying any taxes to the competent authorities for this purpose.
4.2 The Vendor may apply any discounts, including seasonal discounts, or any other discounts according to the relevant legislation and/or amend or change the prices after the approval of the Company. The percentage of the Company specified previously shall be added to the price announced by the Vendor inclusive of sales tax and any related tax for any of the Products on the Vendor’s page.
5. PROCESSING, PACKAGING, AND DELIVERY OF PRODUCTS
5.1 Although the terms and conditions of the Platform facilitate returns and exchanges between the Vendor and the buyer and coordination between the two parties without the Company being directly involved in the return and exchange, the Company is not in any way a party to the sale transaction between the Vendor and the buyer, and the contract of sale and purchase between the buyer and the Vendor is subject to the terms agreed between the two parties under the provisions of this Agreement and any terms and conditions contained on the Platform.
5.2 When a purchase order has been confirmed for any of the Products, the Vendor must:
5.2.1 Prepare the order by packaging and labeling the product(s); And
5.2.2 Deliver the Product(s) to the delivery companies, within (two days maximum) from the time of the confirmation of the purchase order.
5.3 The Product shall be delivered via the companies specified by the First Party or with whom the First Party contracts for delivery and transportation for the benefit of the Vendors, taking into consideration that the Company is not liable in any case for the transportation, delivery nor destruction of the Product(s).
5.4 Delivery fees, and other additional costs and fees are paid by the buyer only, which must be displayed to the buyer after completing the sale transaction on the Vendor’s page.
6. ADDITIONAL SERVICES
6.1 The Vendor may subscribe to additional services available from time to time through the Platform, including but not limited to:
6.1.1 Order processing services, as required by the Company's guidelines; And
6.1.2 Marketing and advertising services; And
6.1.3 Product photography services; And
6.1.4 Services of adding Product(s) to the Platform by the Company; And
6.1.5 Any services that the Company decides to add from time to time and that the Provider agrees to subscribe to.
6.3 If the Vendor wishes to subscribe to any of the additional services, then he must submit a written request to the Company in accordance with the terms, conditions, and fees outlined by the Company, which the Company has the right to amend or change from time to time as it deems appropriate.
6.4 The First Party may modify or cancel any of the additional services for any reason, and for no reason, provided that the Vendor is notified at least (30) thirty days in advance, and the First Party may withhold any of the additional services from the Vendor if t refrains from paying any of the financial dues payable under the provisions of this Agreement.
7.1 The Vendor acknowledges and agrees to pay a commission percentage of the sale price including sales tax and any other taxes for every Product sale transaction made through the Platform, in addition to paying the fees for all Platform services and any additional services if the Vendor is subscribed to them.
7.2 The Vendor is informed that there will be changes to commissions and/or fees from time to time, upon prior notice from the Company and at its sole discretion, and this will not affect any previous obligations to pay commission prior to the publication of new rates or for previously paid services.
8. TRANSFERS AND PAYMENTS
8.1 The Vendor acknowledges that the payment on the Platform is made via the methods specified by the Company, and the Company deducts its agreed commission directly from the value of those amounts received by it and any other amounts owed to the Company pursuant to this Agreement, in addition to deducting transportation and delivery expenses and costs and that will be paid directly to the relevant entities.
8.2 The Company shall transfer the selling price of the Products after deducting all discounts, commissions, expenses, and costs of transportation, delivery, and shipping as the case may be, through the clearing that takes place at the end of each month, provided that the amounts due after the deductions are paid as indicated to the Vendor within (7) days from the Company’s receipt of the payments for the Products, and in the event of that the funds are transferred to the Vendor’s account, the Vendor shall bear the transfer commission.
8.3 The Vendor shall bear full responsibility with respect to the account details that it has provided, and the Vendor shall provide the Company with accurate and updated details of the bank account, and the proof of payment to the Vendor’s account shall be considered as conclusive evidence that the Company has paid all their due payments and that the Vendor has received such amounts.
8.4 Upon the Vendor’s request, shall be provided with an account statement showing the details of the selling prices of the Products, discounts, and transfers. This statement is conclusive evidence against the Vendor regarding its subject matter that is not subject to appeal except as stated in clause (8.5) below.
8.5 If the Vendor objects to any transaction or account statement, the Vendor shall submit a complaint to the Company within (30) thirty days from the date of issuing the account statement or the date of the transaction, as the case may be. If a complaint is not submitted, the Vendor’s right to object shall be forfeited, and the account statement shall be conclusive evidence.
9. BREACH OF THE TERMS AND CONDITIONS OF THE AGREEMENT
9.1 In the event that the Vendor breaches the provisions of this Agreement and/or the Platform’s policies and terms & conditions, the First Party shall have the right to take any of the actions referred to below, provided that the First Party has the right to apply more than one measure collectively:
9.1.1 Send a written notice for the Vendor to rectify the situation within (3) three days from the date of notification of the written notice, otherwise, the First Party may suspend, ban or block the Vendor’s access to the Platform and its account temporarily or permanently; and/or
9.1.2 temporarily or permanently suspend, ban or block the Vendor's access to the Platform and its account without the need for written notice; or
9.1.3 Termination of the Agreement.
2.9 It is agreed that the penalties outlined in Clause (9.1) above shall also be applied as well in the cases set forth below:
1.2.9 receiving negative reviews or comments on the Platform regarding the Vendor or the Products; or
2.2.9 that if any of the Products sold do not conform to the specifications shown on the Vendor's account on the Platform; or
3.2.9 Any other reason that the Company deems necessitating the application of these penalties, in particular, to maintain the reputation and credibility of the Platform; or
4.2.9 The Vendor's violation of the terms and conditions of the Agreement or the terms & conditions, and policies published by the Company on the Platform and as referred to in the Agreement.
10.1 Each of the two Parties is obligated to maintain the confidentiality of the information exchanged during or due to the implementation of the provisions of this Agreement, and not to disclose or share it with any third party, under the liability of compensation for any direct or indirect losses, claims, expenses and/or expenses.
11. PRODUCTS RETURN AND REFUND
11.1 Notwithstanding what is stated in this clause, and if there is a warranty on the Products sold, the Vendor must guarantee these Products according to the terms of their warranty.
11.2 Returns and exchanges of Products are managed under the Platform's policy, which may be modified from time to time by the Company, through the Vendor’s account directly on the Platform.
11.3 When returning Products through the Platform, the value of the Product subject to return will be returned in full to the buyer, including the value of the commission owed to the Company (excluding the fees paid for shipping and transporting the Product) subject to the return provisions stipulated on the Platform.
11.4 For Products that have not been delivered to the buyer, the buyer shall receive their full value if they cancel the purchase order within (7) seven hours from the time of completing the purchase transaction, even if the purchase order is accepted from the Vendor, and the amounts shall be refunded to the buyer automatically within (30) days from the date of cancellation of the purchase order.
11.5 When the Product is returned through the Platform, the price of the product will be refunded either by returning the amount to the buyer's credit card; Whereas, payment on the platform is made through a credit card, or credited to his electronic wallet within thirty (30) days from the date of returning the product.
11.6 The buyer's issuance of the purchase order is an authorization from the buyer to the First Party or any third party specialized in electronic payments to deduct the value of the purchases from the balance of the Buyer’s credit card.
12.1 The addresses for notices and communications under this Agreement shall be the addresses set out at the beginning of this Agreement.
12.2 Any notice required to be given under this Agreement shall be in writing in the Arabic language and sent to the address of the Party to be served or the address to which the other Party is notified under this clause and sent by registered mail, fax, courier or other electronic means of transmission. The Vendor shall inform the Company as soon as the address of the Vendor is modified or changed.
13. TERMINATION PROVISIONS OF The AGREEMENT:
13.1 Subject to any other cases provided for, under this Agreement, the provisions of this Agreement shall terminate in any of the following cases:
13.1.1 Agreeing to terminate the provisions of this Agreement with the written consent of both Parties.
13.1.2 The unilateral termination of this Agreement by either Party through a written notice addressed to the other Party (30) days prior to the desired date of termination, taking into account any financial rights owed to any of the two Parties, and provided that the financial rights of the two Parties are settled within a maximum period of (30) days from the date of termination.
13.1.3 Permanent suspension of the Platform's work by a decision of the Company unilaterally, will result in immediate termination of this Agreement.
13.2 In the event of the termination of the provisions of this Agreement or the blocking of the Platform from the Vendor, the additional value services agreed upon between the two Parties shall end, and no Party shall be entitled to any compensation whatsoever as a result of the termination or arising from the termination.
14. APPLICABLE LAW AND JURISDICTION
14.1 The provisions of Jordanian law shall apply to the interpretation and implementation of the terms and conditions of this Agreement. And the Jordanian courts, specifically and exclusively (Amman Court - Palace of Justice) shall have the authority to consider and resolve any dispute or disagreement arising out of or related to this Agreement.
15. GENERAL PROVISIONS
15.1 The provisions of this Agreement shall prevail if the provisions stipulated in it differ from any terms and policies contained on the Platform.
15.2 The First Party, without the need for the prior consent of the Vendor, may assign, transfer, dispose or assign any of its rights and obligations under this Agreement to any party or person without any restriction.
15.3 the Vendor shall not, without the prior written consent of the Company, assign, transfer, dispose or otherwise dispose of any of their rights and/or obligations under this Agreement.
15.4 This Agreement shall not be amended without the written consent of the two Parties by signing the amendment by the authorized signatory of each Party, except as otherwise stipulated and with the exception of the amendment to the policies, terms, and conditions of the First Party and the Platform which are published on the platform, and can be amended unilaterally by the First Party.