Terms & Conditions
This agreement solely refers to the terms and expectancies of both parties. No alterations shall be made unless otherwise decided in writing between parties representatives signed in this agreement or any other authorized representatives. Any changes shall be sent to each party’s registered address and must also be acknowledged in writing by the receiving party for it to take effect.
The Seller hereby agrees to the following for approval of partnership.
- The Seller must be a registered business as a requirement for credibility and for payment Purposes of THE NEST GENIE.
- There would be an application process on general company details and requirements for registration approval to be an authorized partner of THE NEST GENIE to comply on.
- Upon approval, the seller is to set up an online account using its seller ID details provided in THE NEST GENIE for the THE NEST GENIE SELLER CENTER which includes all key information in doing business with THE NEST GENIE and agrees with all Content Production Guidelines on photo upload, product description and packaging (borne cost by seller).
- Each item that is to be posted will be checked by THE NEST GENIE prior to approval of item posting inclusive of product details and pricing. The seller agrees as well that as a requirement they are to maintain similar suggested retail prices across online sites that represent their company and their products.
- Agree to coordinate and revert to THE NEST GENIE with any such concerns or complaints by the customers on or before 2 days (upon receipt of complaint).
- Agree to give notice to THE NEST GENIE on any changes of item production or any change in ownership, on occasion.
THE NEST GENIE on the other hand will perform the duties for partnership:
- To double check posted items in site with the complete details approved photos.
- Process delivery of items to consumers upon purchase.
THE NEST GENIE to inform Seller of sold item packaging and pickup with a maximum timeline of 2 days. The seller agrees to coordinate on these conditions as per consumers’ expectations to THE NEST GENIE’s timelines.
- Direct coordination to consumers for all concerns such as but not limited to returns.
- Be available should the SELLER have any need of assistance.
There will be a specific coordination between THE NEST GENIE and the Seller in each process. Contact persons for each party should be disclosed upon the start of agreement.
RETURNS AND EXCHANGE
THE NEST GENIE intends to keep the quality of the brand by carefully curating each Sellers items and credibility first and foremost before website exposure. Please read RETURN and REFUND POLICY HERE. Therefore, the Seller’s cooperation on ensuring quality of product before shipment and packaging should be in excellent condition.
IMMUNITY FROM DAMAGES
The seller agrees to relieve, free or absolve THE NEST GENIE from any liability or obligation, indebtedness or damage incurred, obtained, or caused under, by or due to this agreement including any responsibility arising from marketing or sales of the products of the Seller.
FEES AND PAYMENTS
- THE NEST GENIE to receive a service fee for marketplace allocation for each item sold. The fee will be in effect upon receipt of successful registration as a seller unless otherwise agreed upon between seller and THE NEST GENIE. The service fee shall be exclusive of any local taxes, such as but not limited to withholding tax and VAT as applicable. The merchant shall inform THE NEST GENIE, in writing at least 5 business days before the effectivity of this agreement, if it will withhold any applicable local taxes and submit the required bureau of internal revenue (BIR) form such as but not limited to the BIR 2307 form. You may contact us thru [email protected] for any inquiries regarding fees.
- THE NEST GENIE will be engaging all arrangements with payment gateways and COD payments thru a third party via the website and remit to the seller via bank deposit or check pick up, this includes the insurance for the item.
- The Seller will be billed a shipping fee in amount discussed and agreed upon by both parties in the Shipping fees provided in the seller handbook. This will be in effect to this agreement unless otherwise agreed upon between seller and THE NEST GENIE.
This will be in effect to this agreement unless otherwise changed and will be notified by THE NEST GENIE should there be any alterations.
- The Seller agrees to be charged with penalty fees in violation of rules and processes of THE NEST GENIE, which are stated and further explained in PENALTY POLICY.
Payment arrangements by THE NEST GENIE to the Seller are as follows:
- THE NEST GENIE will send a billing statement as per agreement on deducted fees stated above. The Seller will send the signed billing statement upon checking and agreeing on the said document. After which, THE NEST GENIE will transfer payment for items sold via Bank Deposit Transfer on or before 7 days in the Sellers Bank Account. An online receipt will be sent subsequent the Bank deposit to the Seller.
- The first monthly cut off will be on the 15th of every month. This covers the sales from the 15th to end of the previous month. Billing statement for this will be out on the 15th of every month and payment will be made on or before the 30th or 31st of every month.
- The second monthly cut off will be on the 30th of every month. This covers sales from 1 to the 15th of the current month. Billing statement for this will be out on the 30th of every month and payment will be made on or before the 15th of the next month.
- The Seller advises of any discrepancy in his/her record to be double checked 3 business days upon receipt. If such statement is received without any claims, the statement will be deemed correct.
- If any of the cut off dates falls on a weekend or holiday, it will be transferred to the next working day
There will be two cutoffs as stated below:
There will be changes in deadline if and so:
There is no obligation in the following aspects:
- This connection serves as a business contractor agreement in providing services for each party and would not be liable for any other business filings such as income tax returns, withheld taxes and inappropriate taxation purposes. There will be no such accountability on behalf of each party.
- THE NEST GENIE will not be liable for any law violation, company and its affiliates’ negligence, cost and fines or any government breach of the Seller’s brand and sale of items online
Upon entering this agreement, it is agreed that:
- All relevant information about the processes, data, brand, scope of agreement, content, plans, strategies, copyright, and know how on all forms for both parties’ business are to be confidential and must not be disclosed outside this agreement.
- All staff to be assigned to THE NEST GENIE in ensuring partnership between both parties’ is executed professionally and efficiently should if the need arises agree to sign an NDA (Non-disclosure agreement).
- There is no exclusivity for Seller with THE NEST GENIE; nonetheless sharing of internal practices, systems and agreement with THE NEST GENIE to other similar businesses is prohibited.
- The Seller is not entitled to use any intellectual property of THE NEST GENIE whether in this agreement, sent documents, and through presentations and meetings.
A written notice prior to termination of this agreement by either party must be done 30 days following the actual date of non-operations with each party.
Until in such immediate cases of immediate termination of the Seller by THE NEST GENIE (within 7 days notice) of such results:
- Process handling
The services of the Seller will be a reflection of THE NEST GENIE’S mission to give customers convenience. Therefore, insistent delays on preparation of items and cancelled orders due to failed inventory of up to 3 times will be subject to a fine for brand damage and/or termination unless proven otherwise and/or includes such emergency instances
- Direct Coordination with customers/ Poaching outside the website
THE NEST GENIE serves as an online platform and marketplace for Seller to maximize reach and connection with various customers. All coordination to consumers must be exclusive to THE NEST GENIE’S responsibility being the broker for the Seller and Consumers.
- Item/Product misrepresentation
All items posted must conform to correct measurements, valid description of presentation of materials, origin, image in exact with actual product, performance and suitability. Any misrepresentation affects THE NEST GENIE’s credibility, which therefore affects trust relationship with the seller.
In such cases that there are multiple return rates for a certain product due to misrepresentation, this item will be removed immediately from the site.
All products/items posted must be up-to-date and brand new. Furthermore, the sellers brand and all that it relates with must oblige to all approval and registrations for online platform advertisement. Violation of this will result in termination.
- Breach of Agreement
The Seller’s breach and cease of obligation and business commitments and this agreement shall be removed immediately in THE NEST GENIE’S website and the Seller responsible shall be liable for any damage caused to the brand of THE NEST GENIE.
The Seller has the right to terminate THE NEST GENIE in such cases:
- Delayed payments for more than 30 days without valid reason
- Failure to comply in stipulated agreements in the contract
- Unsatisfactory results from the website