The purpose of this Agreement is to provide qualifying vendors with the opportunity to sell products
through Akerabi’s E-Commerce business. This agreement supplements any other agreements governing
the buying and selling of products between Akerabi and the Vendor, including any vendor buying
agreements and/or purchase orders.
I. Definitions
For the purpose of this agreement, the following words and phrases shall have the meaning assigned to
them under this Article.
- Company: shall mean Akerabi Online Shopping portal.
- Customer: shall mean any individual, group of individuals, firm, company or any other entity
placing an order for the products of the vendor through the Online Store. - Price: shall mean the cost at which the products are to be delivered to the customer
inclusive of shipping charges and applicable taxes, if any. - Effective Date: shall mean the date on which this agreement is executed.
- Vendor: shall mean the entity which sells its products through the online store.
- Online Store: shall mean a virtual electronic store created on the Akerabi online shopping
portal for the sale of vendor products either through web site of the company or any other
gadget or instrument displaying the particulars of the vendor’s products available for sale,
or any other means by which the customer places an order for the product of the vendor. - Order: shall mean an order for purchase of products where customers has agreed to
purchase the product upon the terms and conditions and at the price indicated on the
online store of the vendor. - Products: shall mean merchandise items of the vendor put up for sale on the online store by
the vendor. - Akerabi Shopping: means an online platform owned and operated by the company that
facilitates the shopping transaction between the vendor and the customer. - Shipping Charges: shall mean the logistics/courier/postal charges including all taxes incurred
for delivering the product(s) to the customer. - Shipment Cost: shall mean the cost and taxes recovered by the company from the vendor
per order for handling the logistics. - Sign-up Fees: shall mean the non-refundable fees payable by the vendor at the time of
execution of this agreement towards the initial creation of online store. In this agreement
though, the company doesn’t receive signup fees for up to three months of the first
agreement. - Service charge: shall mean the margin per transaction charged by the company to the
vendor at the rates agreed to between the parties, upon the sale of product on online store.
II. Arrangement
- The company shall offer to the vendor its services for facilitating online sale of the vendor’s
product which shall include hosting and technology, customer support, logistics services (if
availed by the Vendor), payment services and all the other related services to ensure
customer satisfaction on behalf of the vendor. For this arrangement, the vendor shall pay
service charges as specified under these presents, to the company for the sale being
affected through the online store created on the Akerabi shopping website. - Based on mutual discussions, it is agreed by and between the parties hereto that the vendor
shall put up for sale its products on the said online store, subject to the terms and
conditions hereinafter contained. Vendor further agrees and acknowledges that the
shopping transaction shall be governed by the “Terms of Use” of Akerabi.
III. Consideration and Payment Terms
- Vendor shall make the payment for sign-up for the creation of the online store at the time
of execution of this agreement. Payment of sign up fees shall be made 100% in advance
unless specified. The service tax if any shall be charged by the company, at the applicable
rates - The said sign-up fee is a non- refundable fee for the creation of the online store. The said
online store shall be displayed on Akerabi shopping website during the subsistence of this
Agreement. - The company shall collect the payment on behalf of the vendor in respect of the orders
received through the online Store. The Company shall charge the service charges to the
vendor at the rates specified by the company. The company shall pay the vendor an amount
recovered as price minus the sum of shipping charges, service charges and shipment cost in
respect of approved order(s) through the online store. The said shipment cost will be
independent of the Quantity shipped for a transaction by a particular customer. However, in
the event, the vendor handles the shipment of the products; the company shall pay to the
vendor an amount recovered as price minus the service charges. Any amount to be paid to
the vendor by the company shall be paid net of reversals. - In the event any order is reversed due to “Damaged product”, “Not delivered” or “Wrong
Item delivered”, the vendor agrees that the company shall levy the service charges, plus a
penalty of the service charge of the product and the said charges will be deducted from the
amount due and payable to Vendor. - Further the company shall debit the service charges to the vendor in the event the product
cannot be delivered by the vendor due to “out of stock” and in such an event the vendor
shall be liable to bear all the cost and claims (including cost of legal proceedings, cost of
attorneys, claims, etc.) raised against the company. - Payment reimbursement of the sale proceeds to vendor shall be done by company in the
following manner:
i. Vendor shall prepare a consolidated advice list of all orders delivered to the
customer, 5 times in a month for every 7 days.
ii. The company shall deduct charges as specified in sub-clause 3 above and
agreed with the vendor from the total amount collected as price for the
orders received by the vendor through online store. - Vendor agrees to bear all the applicable taxes duties, or other similar payments (including
VAT) arising out of the sales transaction of the product through the online store and the
company shall not be responsible to collect, report, or remit any taxes arising from any
transaction.
IV. Obligations of the Vendor
- Through the interface provided by the company on the creation of the online store, the
vendor shall upload the product description, images, delivery mechanisms, price and such
other details for the products to be displayed and offered for sale through the said online
store. - Vendor shall ensure not to upload any description/ image/ text/ graphic that is unlawful,
illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation
of intellectual property rights including trademark and copyright of any third-party content.
Vendors shall ensure to upload the product description and image only for the product
which is offered for sale through the online store. - Vendors shall provide full, correct, accurate and true description of the product so as to
enable the customers to make an informed decision. - Vendors shall be solely responsible for the quality, quantity, merchantability, guarantee,
warranties in respect of the products offered for sale through their online store. - At all times should have access to the Internet and their email account to check the status of
orders. - On receipt of the approved order, Vendor shall dispatch / deliver the products within a
period not exceeding 72 hours or within the time as specified in the product description on
its online store. - In the event the products are not accepted by the customer due to any wrong / damaged
products, then the same shall be replaced by the vendor at no extra cost to the aggrieved
the customer. Since the company is a facilitator, the vendor hereby authorizes the company
to entertain all claims of return of the Product in the mutual interest of the vendor as well
as the customer. - Update the order status timely and frequently.
- The vendor shall not send any of its promotional or any other information with the Products
ordered by the customer through the online store and also shall ensure that no material or
literature is sent which may be detrimental to the business/ commercial interests of the
company. - The vendor shall dispatch the products of same description, quality and quantity and price
as are described and displayed on the online store and for which the customer has placed
the order. - Vendors shall raise invoice in the name of customer. Vendor further undertakes and agrees
to raise the invoice of an amount equivalent to the amount displayed on the online store to
the customer and paid by/ charged to the customer. - The vendor shall not offer any products for sale on the online store, which are prohibited for
sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the
Ethiopian Trading Laws. - The vendor shall ensure that they own all the legal rights in the products that are offered for
sale on the online store. - The vendor shall pass on the legal title, rights and ownership in the products sold to the
customer. - Vendors 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 intellectual property rights, local sales tax, central
sales tax, service tax, value added tax, standards of weights & measures legislation, sale of
goods act, excise and import duties, drugs and cosmetics act, drugs and remedial magic act,
code of advertising ethics, et
