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  /  Seller Terms and Conditions

Definitions

The Company: Backstores LLC, registered in IFZA Fujairah, with license number I152720CS; Address:  POBox 7800 Fujairah Tower 1104, IFZA UAE,

The Site: backstores.ae

Terms: These terms and conditions

Seller: Either an individual if using the services on behalf of yourself, or the business employing you as its representative (if registering for or using a service as (or part of) a business. The Seller agrees to be bound by and comply with these Terms.

Products: Seller’s merchandise listed on backstores.ae

Applicable Laws: Applicable federal, national, regional or international laws and regulations.

General

If you are a business, you need to be able to conduct business in UAE in accordance with the laws in UAE. We may assist you with creation of a seller account in UAE after receiving necessary information from you.

You must not register under a false name and/or impersonate any other sellers’ log-in credentials, or password(s). Such fraudulent conduct could result in violation of applicable federal, national, regional or international laws and regulations (Applicable Laws) in UAE. You agree to provide all relevant information to us while your account is active. When registering your seller account, you must provide valid and authentic supporting documents as we may specify (in accordance with Applicable Laws in UAE) and/or as may be requested by us through the site or your seller account.

Seller Duties

You may only use the Site for lawful purposes and in a lawful manner. You must comply with all Applicable Laws in UAE and you acknowledge that these may vary between different countries. You will be required to comply with any such differences as applicable. You must ensure that your products (not prohibited) correspond to the images uploaded to the Site and information supplied to us. It is your duty not to place any misleading advertisement or information about your products or a brand on the Site. If you are found to be in breach of these Terms, you must accept return of products and you may become liable to us under these Terms.

Sale and Fulfillment:

To sell on backstores.ae, you will:

  • ensure that your Products do not cause any personal injury or damage to property;
  • provide to Backstores LLC (on request) an updated copy of your trade license and any other documents that might be necessary to validate your account;
  • provide the required warranties and maintenance for the purchased Products in accordance with market practices, Backstores LLC’s guidelines and protocols, and Applicable Law(s);
  • remain responsible for after-sales services, guarantees, warranties, maintenance, and any defects that may arise for or in respect of your Products including where required in accordance with Applicable Law (which you may ask us to provide on your behalf);
  • source, offer, sell and deliver your Products, in each case in accordance with the terms of the applicable order and shipping information (with respect to any of your Products ordered through the Site), these Terms, and all Terms provided by you (with our agreement) or us and displayed on the Site at the time of the order and be solely responsible for and bear all risk for those activities;
  • deliver your Products using through our authorized third party courier companies legally registered in UAE;
  • package each of your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements as provided in UAE;
  • ship each of your Products on or before either: (i) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for your Product; or (ii) if you do not specify shipping availability information in such inventory/product data feed or that your Product is in a product category that Backstores LLC designates as requiring shipment within, three business days after the date on which the relevant order is placed by the customer and you acknowledge and agree that we reserve the right to charge for any loss suffered or incurred by us for: (i) your delays in delivery against agreed timelines; or (ii) cancellation of a confirmed order placed by a customer;
  • retrieve the order information and shipping information with respect to any of your Products ordered through the Site in order to comply with your obligations according to these Terms;
  • only cancel any sale of your Product(s) through the Site as permitted pursuant to guideline and policies issued by us and in force at the time of the applicable order or as may be required under these Terms;
  • deliver your Products throughout the whole UAE (except to the extent prohibited by Applicable Law or these Terms);
  • provide to Backstores LLC information regarding delivery and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, of which we may make any of this information publicly available;
  • comply with all instructions, if any, specified by the manufacturer, distributor, and/or licensor of a Product specifying the date before which specified information for such Product (e.g., title of a book) should not be disclosed publicly, or such Product should not be delivered or otherwise made available to customers;
  • be the Seller of each of your Products and not act on behalf of any other Person (in any capacity);
  • include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of your Products;
  • identify yourself as the Seller of each of your Products on all packing slips or other information included or provided in connection with your Products and as the Person to which a customer may return the applicable product; and
  • except as expressly permitted by these Terms, not contact customers (whether by telephone, email or other communication method) confirming orders or delivery of your Products or for any other reason.

Seller Warranties and Representation

Seller represents and warrants that:

  • if you are a business, you are duly organized, validly existing and in good standing under the Applicable Laws of UAE in which your Seller account is registered and that you are registering for Our Services provided under these Terms within UAE;
  • Seller has all requisite right power, and authority to enter into these Terms, perform your obligations, and grant the rights, licenses, and authorizations in these Terms ;
  • Seller has the power and licences, permissions, authorizations, proprietary rights, consents and permits in the Products and to sell and promote Products in the territory in which they are sold via the Site;
  • Seller’s Products conform to applicable quality and safety standards;
  • Seller shall be solely responsible for any Products placed or distributed through the Site and breach of any third party contracts;
  • placement and sale of Seller’s Products through the Site will not be in breach of any Applicable Laws in UAE or third party rights;
  • all Products sold are original and free from any defects;
  • Seller will not engage in any unfair trade practices, and/or publish any inaccurate or misleading advertisement or information about Products on or via the Site,
  • Seller will neither sell nor deliver to a customer any refurbished or used items, and the Products will always be new and unused; and
  • Seller understands its consumer protection obligations as a supplier and indemnifies Backstores LLC against any losses or costs incurred by Backstores LLC in respect of Seller’s obligations under any Applicable Laws in UAE.

Delivery Errors and Non-Conformities

You are solely responsible for any non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfillment of your Products, except to the extent caused by our failure to make available to you (with respect to any of your Products ordered through the Site), the order information and shipping information as it was received by us or resulting from address verification.

You are responsible for any nonconformity or defect in, or any public or private recall of, any of your Products or other products provided in connection with your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of your Products or other products provided in connection with your Products.

Fees and Payments

The commission for all items sold on backstores.ae is a flat 10% without any minimum charge or payment processing fee.

Seller is responsible for payment of taxes in connection with Products (including withholding costs and any interest or penalty payments that may be imposed by any competent authority for late or non-payment of such taxes, in each case in accordance with any Applicable Laws in UAE ). All such amounts are in addition to our fees.

All fees payable by Seller under these Terms are exclusive of applicable taxes and duties, including, without limitation VAT, sales and similar transaction taxes, excise taxes and gross receipts taxes (“Indirect Taxes”). If the fees payable by Seller are subject to Indirect Taxes, then the Indirect Taxes will be charged by Backstores LLC in addition to the fees payable under these Terms. Seller will provide such information to Backstores LLC as reasonably required to determine whether Backstores LLC is obligated to collect Indirect Taxes from Seller or to allow Backstores LLC to comply with its legal obligations in relation to the correct collection and enforcement of Indirect Taxes.

Shipment charges incurred by Backstores LLC in relation to Seller or a customer if any will be deducted by Backstores LLC before releasing payment during the relevant month. We will use reasonable endeavors to ensure that the cost of each item minus our fee as set out on the Site will be released to Seller’s account on the Site in accordance with the relevant payment terms set out on the Sites in UAE after successful Product delivery, and in any event not later than thirty days after delivery. This period will always be subject to any customer dispute or dispute resolution time. Thereafter, Sellers can transfer such balance to his/her bank account at any time. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to us, subject to chargeback or reversal or amounts withheld for anticipated claims in accordance with these Terms. The parties shall endeavor to resolve all and any payment conflicts amicably, and in the absence of an acceptable resolution, the parties will refer the conflict in accordance with clause.

Notwithstanding any other provision of these Terms and without prejudice to Backstores LLC’s other rights and remedies, Seller indemnifies Backstores LLC for all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered (a) if the Seller’s Product is found counterfeit or refurbished or not to be original; or (b) any other type of fraudulent conduct is identified on the part of Seller.

Intellectual Property

Backstores LLC has the right to and you license Backstores LLC to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Site (and Seller warrants that it is entitled to grant that licence). This license you grant to us is royalty-free, nonexclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Seller’s Materials, and to sublicense these rights to the Affiliates of Backstores LLC; provided, however, that we will not alter any of Seller’s trademarks from the form provided by Seller (except to resize trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with Seller’s removal requests as to specific uses of Seller’s trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Our Service (as applicable)). Nothing in these Terms will prevent or impair Backstores LLC’s right to use Seller’s Materials without your consent to the extent that such use is allowable without a license from Seller or its Affiliates under Applicable Law. We do not grant any license to you except solely as is strictly necessary for you to use Our Services that we agree to provide to you. “Materials” means all technology, trademarks, content, product information, data, materials, and other items or information provided or made available by you or your Affiliates to Backstores LLC or its Affiliates.

Seller’s Release and Indemnity

Seller releases Backstores LLC and agrees to indemnify, defend, and hold harmless Backstores LLC, its Affiliates, and its respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim“) arising from or related to: (a) Seller’s actual or alleged breach of any obligations in these Terms; (b) any of Seller’s other means through which it or any of its Affiliates offers products or services, other than the Site, (b) your Products (including their offer, sale, performance, and fulfilment), (c) your Materials, (d) any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (e) any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of your Products, including any of your employees, representatives, agents, contractors, or subcontractors (including any act or omission by any of them or any Claim brought or directed by any of them); or (d) taxes imposed on or payable by Seller or for the sale and/or supply of Products. Seller will use counsel reasonably satisfactory to Backstores LLC to defend each indemnified Claim. If at any time Backstores LLC reasonably determines that any indemnified Claim might adversely affect Backstores LLC, we may take control of the defense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to Seller under these Terms.

Confidentiality

During the course of your use of Our Services, you may receive information relating to us or to Our Services, (including Backstores LLC Transaction Information) that is not known to the general public (“Confidential Information“). You agree that: (a) all Confidential Information will remain Backstores LLC’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in Our Services; (c) you will not otherwise disclose Confidential Information to any other person or third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You may not issue any press release or make any public statement related to Our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

Use of Backstores LLC Transaction Information

You will not, and will cause your Affiliates not to, directly or indirectly:

  • (a) disclose any Backstores LLC Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under these Terms if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information);
  • (b) use any Backstores LLC Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or Applicable Law in UAE;
  • (c) contact a Person that has ordered Your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction;
  • (d) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or
  • (e) target communications of any kind on the basis of the intended recipient being a Site user.

In addition, you may only use tools and methods that we designate to communicate with users of our Site regarding transactions that you carry out on it, including for the purpose of scheduling, communicating, or cancelling the fulfillment of Products. The Terms of this paragraph do not prevent you from using other information that you acquire without reference to Backstores LLC Transaction Information for any purpose, even if that information is identical to Backstores LLC Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Site user.

Backstores LLC Transaction Information means, collectively, order information and any other data or information acquired by you or your Affiliates from Backstores LLC, its Affiliates, or otherwise as a result of these Terms, the transactions contemplated by these Terms, or the parties’ performance under these Terms.

Terms and Termination

These Terms shall commence on the date on which your account is created or a written contract is signed with us, and shall continue unless and until terminated by us or you. Backstores LLC may terminate these Terms (in full or in part) at any time at its sole discretion although Backstores LLC shall try to give fifteen days’ notice to Sellers. Upon termination, your Seller account shall cease to be accessible. No termination of these Terms (howsoever occasioned) shall: (i) affect any accrued rights or liabilities of either party; (ii) affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into force or continue in force on or after termination; or (iii) require a court or judicial order.

To the extent relevant, Seller shall immediately return to Backstores LLC all property (including without limitation, Confidential Information and all material related to any customers) that it has received from Backstores LLC in connection with the performance of its obligations.

Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control.

Waiver

Backstores LLC’s rights under these Terms: (i) may be exercised as often as necessary; (ii) unless otherwise expressly provided in these Terms, are cumulative and not exclusive of rights and remedies provided by Applicable Law; and (iii) may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.

Third Parties

Except in the case of Affiliates of Backstores LLC, a Person who is not a Party to these Terms may not enforce any of them.

Compliance

  • Seller represents and warrants that the country of origin of the Products is not a country subject to US or other applicable government authority sanctions prohibiting a US Person or other individual, corporation, organization or entity from importing such Products at the time of import into the destination country or at the time Seller delivers the Products to Backstores LLC.  Seller represents and warrants that all Products that Seller provides to Backstores LLC are not controlled under the US Export Administration Regulations (EAR), EU Dual-Use Regulations, US International Traffic in Arms Regulations (ITAR), or any other applicable government export laws and regulations, unless Seller discloses to Backstores LLC in advance of shipment or transfer in writing and provides to Backstores LLC complete, accurate and up to date information necessary or that Backstores LLC may otherwise request to lawfully export the Products to Seller (Export Information), including, but not limited to, the US, EU or other government authority export control classification number(s), any applicable Commodity Classification (CCATS) or classification ruling, any applicable commodity jurisdiction rulings, a copy of the export license (where an export license is required), country of origin, and, where applicable, the General License type or license exception eligibility.
  • Seller represents and warrants that Seller and its financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
  • Notwithstanding anything to the contrary herein, nothing in these Terms shall, or shall be interpreted or construed to, induce or require either party hereto to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any U.S. laws, regulations, rules, or requirements that apply to any party to these Terms.

Location

Backstores.ae is currently available in UAE.

Commission

The commission for all items sold on Backstores.ae is a flat 10% without any minimum charge or payment processing fee.

Selling on Backstores.ae is very easy and requires no upfront fees and no listing fees. You can start with just a few clicks. Just visit the Seller Registration on Backstores page and start the selling process.