Fidel Markato: Seller Agreement

This Seller Agreement (“Agreement”) contains the terms and conditions that govern your access to and use of the Seller services on the Fidel Markato marketplace (“Marketplace”) and is an agreement between you (“Seller,” “you,” or “your”) and Fidel Markato (“we,” “us,” or “our”). By registering as a seller, you agree to be bound by this Agreement.

1. Account Registration

You must register an account to sell on the Marketplace. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for the activity that occurs under your account and for maintaining the confidentiality of your password. You must be at least 18 years old to have a seller account.

2. Product Listings and Content

• Accuracy: You are responsible for creating accurate, truthful, and complete product listings. This includes correct titles, descriptions, images, specifications, and pricing.
• Prohibited Items: You agree not to list or sell any items that are prohibited by our Prohibited Products Policy, which includes, but is not limited to, illegal items, counterfeit goods, stolen products, and items that infringe upon intellectual property rights.
• Licence: By submitting content (images, text, etc.) to the Marketplace, you grant us a royalty-free, worldwide, non-exclusive license to use, reproduce, and display that content in connection with the sale and promotion of your products.

3. Order Fulfillment and Shipping

• Service Standards: You are responsible for shipping items promptly after an order is placed. You must meet the shipping and handling times you specify in your listings.
• Order Defect Rate: You must maintain a low Order Defect Rate (including negative feedback, A-to-Z Guarantee claims, and credit card chargebacks). Failure to do so may result in account suspension.
• Returns: You agree to abide by the Marketplace’s Return Policy. Sellers are generally responsible for accepting returns for items that are defective, damaged, or not as described.

4. Financial Terms

Fees: You agree to pay all applicable fees, including but not limited to:

• Referral Fees: A percentage of the item’s sale price.
• Subscription Fee: A monthly fee for a Professional selling account (if applicable).
• Fulfillment Fees: Fees associated with using our fulfillment service (if applicable).
• Shipping Costs: Collected from the customer at the time of sale.

Payment Settlements: We will settle your proceeds (sale price minus our fees) on a regular schedule, typically every 14 days, to your designated bank account.

5. Intellectual Property

You represent and warrant that you own or have the necessary rights to sell all products you list and that the content you provide does not infringe upon any third party’s copyright, trademark, patent, or other intellectual property rights.

6. Privacy and Data Protection

You agree to comply with all applicable privacy and data protection laws. You will use customer data (names, addresses, etc.) solely for the purpose of fulfilling orders and providing customer service related to those orders. You will not use this data for marketing or disclose it to any third party.

7. Term and Termination

• Term: This Agreement begins upon your account registration and continues until terminated.
• Termination by You: You may terminate this Agreement at any time by closing your seller account through the tools provided in your seller dashboard.
• Termination by Us: We may suspend or terminate your account and this Agreement immediately, with or without cause, upon notice to you. Reasons for termination may include, but are not limited to, a breach of this Agreement, fraudulent activity, or consistently poor customer service.

8. Limitation of Liability

To the fullest extent permitted by law, Fidel Markato shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Marketplace services.

9. Indemnification

You agree to indemnify and hold harmless Fidel Markato, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (a) your breach of this Agreement; (b) your sale of products (including claims of personal injury or property damage caused by your products); or (c) your violation of any law or the rights of a third party.

10. General Provisions

• Relationship of Parties: You and we are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship.
• Governing Law: This Agreement shall be governed by applicable laws.
• Modifications: We reserve the right to modify this Agreement at any time. We will provide you with notice of changes, and your continued use of the seller services constitutes acceptance of those changes.
• Entire Agreement: This Agreement, along with all policies referenced herein, constitutes the entire agreement between you and Fidel Markato regarding the seller services.