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Site Vendor Agreement
Term & Conditions
Effective date: January 01, 2021
Table of Contents
This Site Vendor Agreement (the “Agreement”) is being made between Sach Viet Limited Liability Company (the “Company”) and you (the “Vendor”). This Agreement will become effective once the Company approves the application of the Vendor to sell on the Website.
WHEREAS. The Company has produced a multi-vendor marketplace www.sachviet.us as specified by Company (the “Website”) and desires to engage Vendor to offer products and items for sale related to the Website (the “Services”), and Vendor desires to be engaged by Company for the Services on the terms set forth herein.
WHEREAS. The Company and Vendor desire to agree on the terms and conditions as set forth below that will apply to any services provided by Vendor to Company with respect to the Services and/or the Website.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Company and the Vendor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Engagement of Vendor
The Vendor hereby agrees to be engaged once registered and approved as a seller/vendor on the website to offer the items/products and related materials on the Website, as hereinafter described, and subject to all of the terms and conditions of the Agreement. Vendor hereby accepts such engagement and agrees to provide the products under this Agreement in a professional, high quality and timely manner, consistent with a high level of industry professional standards. Vendor must ensure to keep all its Customers satisfied and happy and resolve any of their issues.
The Vendor shall be considered an independent contractor. This vendor agreement does not establish an employer/employee relationship between the Company and Vendor, and no such agreement shall be established at any time.
This vendor agreement shall be under the jurisdiction of the laws of Texas, United States.
Therefore, any and all legal proceedings shall be conducted in the above state.
Obligations of the Vendor
The Vendor shall:
- Through the website interface provided by the Company on the creation on online page of Vendor, shall upload the product description, images, disclaimer, price and such other details for the products to be displayed and offered for sale through the said online page.
- Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, and vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the online page.
- Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision.
- Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online page.
- The Vendor shall dispatch the Products of same description, quality and quantity and price as are described and displayed on the Online Page and for which the Customer has placed the order.
- The Vendor shall not offer any Products for Sale on the online page, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, and illegal or prohibited under U.S. laws.
- The Vendor shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor.
- The Vendor shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
- The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Local, State and Federal Taxes, etc. The company will collect sale tax as per Marketplace Facilitator Law and pay sale tax to the States intended. It’s the vendor’s responsibility to pay any taxes when they earn through our platform.
- The Vendor shall pay the Company a service charge as specified by the Company on every transaction.
This vendor agreement and any attachments shall be considered the entire agreement and shall constitute the termination of any prior agreements including any written or verbal agreements.
Liability and Indemnification
The Vendor shall indemnify, defend, and hold the Company and its representatives harmless for any loss or damage.
Representation and Warranties
The Vendor hereby represents that they have the expertise, knowledge and experience needed to provide the goods or services outlined in this vendor agreement. The vendor agrees to uphold all laws and legal requirements of the state of Texas, United States.
Any and all notification with regard to this vendor agreement shall be conducted in written form and delivered either in person or via certified mail.
Documentation and Paperwork
Vendors must submit the following paperwork and documentation to get approved and become a registered Vendor on the website:
- SSN (Social Security Number) and DBA (Do business As) certificate in the event the vendor is a single entity.
- EIN (Employee Identification Number) and Business certificate (Certificate of Formation)
- Contact information (including phone number and official/certified email) available for use which is reachable anytime to contact the Vendor for the review and approval of the Application.
Card/Transaction processing fees
The Vendor must pay a 3.75% credit card processing fee to Visa/Master/PayPal or any other payment processor used by the website and such fee is unavoidable.
Commission & Fee
Vendors are not required to pay the Commission for the first year but will have to pay any processing fee, shipping fee and other fee charged for providing the services. Vendors will be charged 15% Commission on total sales excluding shipping, minimum of $0.50 (total of 18.75%). The company charges this to provide the services and reserves the right to charge Commission and it may change anytime without notice.
Photos that vendors upload must be professional, no selfies, no watermark, no big brand logos and not too dark/too bright.
The Vendor can include marketing material when shipping products to the customer. We want the vendors to build relationships with the customers so they can come back for more. Once the customer receives the product, it is not Sach Viet’s responsibility anymore. If the customer returns the product to the vendor’s without contacting Sach Viet, it is the vendors’ responsibility to deal with the Customer about the refund/return and after-sale service. In the event, if the customer decides to file a complaint within three months after the sale date and after review, we found that the resolution is in the customer’s favor, then it would count as a strike for the Vendor.
Rights and Complaints
- In the event of a complaint against a Vendor by the Customer and the Vendor is found to be at fault by the company, the Company shall halt the Vendor online store and restrict selling rights. Vendors must contact “Sach Viet vendor support” in such an event to get the store re-open.
- The Customer will receive a strike after a violation and after five strikes, the store will be closed permanently, and the vendor’s EIN/SSN will be blacklisted to sell on the company website.
- Periodically, the company will have mystery customers to order the product at Sach Viet expense, and we’ll check the products’ quality to make sure it’s aligned with our vision.
Company not Liable
- The Company and on the basis of representation by the Vendor has created the website of the Vendor portal to enable Vendor to offer the Vendor’s products for sale through the said online page. This representation is the essence of the Contract.
- Vendor shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online page (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.
- Further, the Company and Austin Phuoc Nguyen (CEO) shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.
- The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for sale of the Vendor’s Product, hence the Company is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online page
By signing up to be a vendor on this platform, the Vendor acknowledges their understanding of the terms of doing business with the Company, and agrees to abide by these terms at all times.