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Seller Agreement

Table of Content

Last updated: 04/01/2021

Together with all the policies referred to in the present document, this Seller Agreement (the “Agreement”) regulates the relationship between Popseekl SAS (hereinafter “Popseekl”, “Platform”, “we”, “our” or “us”) and any person registered on the Platform with a Seller Account (“Seller”, “you”, “your”), thereby establishing the conditions under which you can offer products (“Products”) for sale and sell it on our Platform.

As stated in our Terms of Use, any Simple User can become a Seller by filling out the Seller’s application form and be approved by Popseekl. Sellers have access to all features available to Simple Users, plus to an additional set of features allowing them to create and manage their store (including but not limited to listing Products, receiving payments and issuing refunds).
As set out in our Terms of Use, by using our Platform you are automatically accepting our Terms of Use, which will continue to apply after becoming a Seller. In addition, by becoming a Seller, you automatically accept this Agreement. Please take the time to read these documents carefully. If some of the provisions are not clear to you, then please contact us at contact@popseekl.com to discuss what they mean in your specific case.
Becoming a Seller on Popseekl does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Popseekl. The sole purpose of the Platform is to facilitate transactions, which are contracted and carried out directly among Users. As such, Popseekl is not to be considered in any respect a reseller of the Products listed on the Platform.

You are the sole responsible for complying with all laws and regulations in connection with your use of the Platform that apply in the country you operate from. This includes all rules regarding (i) admissible online conduct, (ii) acceptable content and (iii) administrative and tax requirements regarding your Sales on the Platform.

In particular, you are responsible for obtaining any licences that may be required for operating an online store. You, not Popseekl, must collect and pay all taxes due in relation to your Sales on the Platform, including any fines and late payment interest that can result from not complying with the applicable laws.

Also, you must not use the Platform to sell any illegal items nor engage in any other unlawful conduct when using the Platform.

Popseekl may provide you with information regarding administrative and tax matters through help articles and correspondence with our support team. However, you understand that the purpose of such guidelines is to provide you with general information that does not necessarily apply to your specific case. Therefore, Popseekl shall not be held responsible for any of the consequences stemming from the non-compliance with relevant laws and regulations.

In case you are not sure about such laws and regulations and the way they may apply to you, we encourage you to seek legal advice.
You must be at least 18 years old to sell on Popseekl. By creating a Seller Account, you warrant that you are at least 18 years old.

As mentioned above, we reserve the right of vetting profiles applying for a Seller Account in order to provide our user base a level of content in line with our quality standards.

Our staff carries out the evaluation of Sellers’ applications on the basis of the material provided in the application and of any additional information collected by us. The acceptance or refusal are made on a discretionary basis and cannot be disputed or appealed any way. In case you are not happy with the outcome of your application, feel free to contact us by sending an e-mail at contact@popseekl.com .

In order to fully enable your Seller Account with store management capabilities, you will need to connect at least one of our supported payment methods (see Section “Payments” below).
In order to sell a Product (“Sale Product”) on Popseekl, you are first required to create a listing (“Listing”), which consists of a post containing all the relevant information regarding the Sale Product. You can modify your Listings at all times by accessing the Store section of your Account (“Store”).

Your Listings are visible by any Visitor or User on your Store and on all other relevant sections of the website.

Each Listing must meet the following requirements:
– refer to a single Sale Product. However, size variations the same Sale Product can be grouped under the same Listing (ex. a small and a medium size photography);
– contain at least one and up to four image(s) of the Sale Product;
– indicate the category and a description of the Sale Product;
– indicate the dimensions, price and availability of the Sale Product. In case multiple size – variations of the same Sale Product are grouped under the same Listing, these fields must be filled out for each one of the formats;
– indicate the shipping fee.

You must make sure that your Listings are as accurate as possible. You acknowledge that you are the sole responsible for any inaccuracy, which may result in a refund request from your buyer.

You are responsible for keeping your Store up to date. When a Sale Product is no longer available for sale, you must edit its Listing and switch its status from “Available” to “Sold”, so to impede Users to be able to purchase it. In case you do not, you are responsible for fully refunding the Buyer (see Section “Refunds” below).

As stated in the Terms of Use, we do not check in advance any content posted on the Platform, including your Product’s Listings. Therefore, you acknowledge that you are the sole responsible for all the material uploaded to the Platform when creating a Listing.

Popseekl is not a second-hand marketplace, therefore Sellers must be the creators of the items they sell through our Platform. In case you list a Product for sale, you warrant that you are its creator and exclusive owner and acknowledge that you will be the sole responsible in case of infringement of third parties’ rights on such Product.

If we verify that one of your Products have been listed in infringement of third parties’ rights, we reserve the right to take appropriate measures, which can range from taking down such material to the termination of your Account, depending on the specific circumstances.

We do not claim any ownership right in your Products, but you allow us to use it for promotional purposes. By posting it on our Platform, you grant Popseekl a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce such Content in any formats and to distribute it through any marketing channels.

When acting within the scope of this license, you recognize our legitimate interest in using it even to the extent that it contains some personal information. In any case, we will do so in ways that shall not infringe your privacy rights and in accordance with our Privacy Policy.

Additionally, you warrant that you will not use the Platform for selling any illegal Products and that you will comply with all applicable laws relating to the sale of your Products.

A sale (“Sale”) on Popseekl consists in the transfer of a Sale Product from a Seller to another User (the “Parties”) in exchange for money. The purpose of the Platform is only to facilitate Sales, which are contracted directly between you and another User (the “Buyer”).

As such, Popseekl is not to be considered in any respect a reseller of the Products listed on the Platform. We only act as an intermediary providing (i) the venue for Users to connect and (ii) all the features that we deem relevant to facilitate Sales (ex. listing, promotion, payments etc.).

Thus, Popseekl does not take part in the Sale contract, which is concluded directly between the Parties. The Parties are therefore the only ones bound to the obligations arising from such contract. Popseekl is not responsible and shall not be held liable for any such obligations, including but not limited to:
– the accuracy of the Listing;
– the existence, quality, safety or legality of the Sale Product;
– the ability of the Seller to sell (i.e. the right to sell the item, its availability etc.) and the ability of Buyers to pay for the Sale Product;
– the fulfillment of the Sale

As we are not a party to these contracts, you are solely responsible for the fulfillment of the Sale, including but not limited to arranging the packaging and the shipment, handling all requests of information, claims and refund requests. In case of dispute, we invite the Parties to try and find a solution among themselves.

When the Parties cannot come to an amicable agreement, they may ask our support system to intervene to help find a solution. You can find more information about this process and the protection that applies to Users in Section “Disputes”.

All Sales must be carried out within our Platform and you are not permitted to sell Products by making arrangements to bypass the payment methods available on our Platform (see Section “Payments” below). Please note that selling Products in any other way is a breach of this Agreement and of our Terms of Use, which can result in, among other things, suspension or termination of your Account.

You warrant that you will not attempt at circumventing, reducing or manipulating the Fee that is due to Popseekl for each Sale realised through the Platform (see Section “Fees” below).

When a User places an order for one of your Sale Products, you will receive a notification on your Account’s email address containing all the necessary information for dispatching the Sale Product to its Buyer. Such information will also be available on the “Orders” section of your Account page for each and every order received on the Platform.

Your payout (“Payout”), i.e. the total value of the order paid by the Buyer net of the Platform’s fee and the payment processing fees, will be transferred to you according to the modalities and the schedule described in Section “Payouts” below.

You must autonomously keep track of your Sales on the Platform and any other activities or data associated with your Seller Account You are responsible for keeping records of your Sales and for storing them as long as required by the laws and regulations applying in the country where you operate. Under no circumstances shall Popseekl be held responsible for keeping track of such activities, and you agree not to rely on the Platform for the purpose of storing your own records.

As defined in our Terms of Use, upon the sale you assign to the Buyer the material substrate of the artwork and its representation rights on the artwork. However, you retain your moral right on the artwork as well as the rights regarding its reproduction.

As we do not take part in the Sale contract between you and your Buyer, you are the sole responsible for packaging and shipping the Sale Product.

When listing your Product, you must include an accurate estimate of the shipping costs on the basis of your preferred shipping solution. Under no circumstances Popseekl can be held liable for any losses incurred because of inaccurately quoted rates.

You must package your Sale Product appropriately and ensure to rely on a secure shipping service. You agree to use only tracked shipment solutions. You may or may not opt for insured shipping, but you understand that by relying on uninsured solutions you do it at your own risk. Popseekl shall not be held liable for any damage occurred to the Sale product when transiting to the Buyer’s address.

Popseekl may provide you with best practices through help articles and correspondence with our support team. However, you understand that following our guidelines does not guarantee that your Sale Product will not suffer damages in transit, and Popseekl shall not be held liable on the basis of such guidance.

You can set out your own Shipping Policy to inform your customers about your dispatching timeframe. Such policy will apply unless specified otherwise in the Sale Product Listing. In case you have not specified your individual Shipping Policy nor have made clear the dispatching time frame on your Listing, such timeframe will be considered to be 5 working days since reception of the order.

Whenever receiving an order, you must fulfill it as soon as possible by (i) dispatching it, (ii) marking it as shipped and (iii) add tracking information to it from your Account “Orders” dashboard. In case the order is unfulfilled within the timeframe defined in your Shipping Policy or in the Product Listing, you will be required to refund Buyers upon request.
In order to be able to create Listings and sell Sale Products, you must connect to Popseekl at least one of the available payout solutions, i.e. Stripe Connect.

Stripe Connect is a service offered by Stripe, which allows marketplace platforms like Popseekl (“Platform Account”) to receive payments from customers and payout sellers (“Connected Accounts”).

Stripe Connect

In order to use Stripe Connect, you will need to either connect your pre-existing Stripe account or to create a new one from your Popseekl Account page.

When using Stripe Connect, the funds will be transferred on your Stripe Account net of our fee (see Section “Fees” below) as soon as the Buyer successfully pays for its order. Note that you will be separately charged by Stripe for their payment processing fees. For more information about fees, please refer to Section “Fees” below.

Your use access to payments via Stripe through our Platform is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Use (collectively, the “Stripe Platform Agreement”) and you agree to be bound by the Stripe Platform Agreement, as the same may be modified by Stripe from time to time.
Whenever selling a Sale Product, you will pay Popseekl a 15% fee in exchange for its services. Such fee is calculated on the basis of the value of the Sale, net of shipping fees and taxes, if any.

Our fee is inclusive of VAT or other sales taxes (where applicable) and will be deducted from the total value of the Sale. The net funds will be transferred to you according to the procedure described in Section “Payouts” above.

For each Sale Product sold through our Platform, we will provide you with an invoice detailing our fee.

As mentioned in Section “Payouts” above, you will be charged separately by the payment processing providers you connect with according to their pricing schedule. Please make sure you are familiar with their terms of use and refer to their pricing page to know more about their fees.

Note that Popseekl is not responsible for the fees charged by the payment processing providers. Although we may provide you with help articles to help you navigate their material, you are ultimately responsible for verifying such information directly with the payment processing provider of your choice.

As we do not take part in the Sale contract between you and your Buyer, you are the sole responsible for handling all claims and refund requests.

 

You can set out your own Refund Policy to inform your customers on the way you handle returns and on the reimbursement procedure. Such policy will apply unless specified otherwise in the Sale Product Listing.

 

You are required to process refunds and return requests according to your general Refund Policy or to the provisions specified in your Sale Product Listing.

 

As detailed in Section “Shipping” above, in case you do not ship the Sale Product within your Shipping time frame, you are required to offer a full refund to your Buyer upon request and such provision cannot be overridden by your individual refund policy.

As we do not take part in the Sale contract, we are not responsible for resolving disputes between Users regarding the Sale of a Product. If you find yourself in a dispute with another User, we encourage you to contact the other party and try to resolve the dispute amicably.

In case an amicable solution between you and the other party cannot be reached, please do contact us at support@popseekl.com.com and we will try to mediate the dispute.

If you have a dispute with us relating to the Platform, in the first instance please contact us at support@popseekl.com and attempt to resolve the dispute with us amicably.

In the event that the dispute would go unresolved, you have the right of recourse with a Consumer Ombudsman, as provided for in article L.611 – 1 and following, as well as R.612 – 1 and following of the Consumer Code.

The User will find the list of mediators on the government website dedicated to this purpose: http://www.mediateurfevad.fr
General termination rules are defined in our Terms of Use. However, if you are a Seller and you have pending orders, you must either fulfill or refund them before deleting your Account.

Deleting your Account does not exempt you from the obligations arising from the Sale contracted on the Platform, nor it transfers such obligations on Popseekl, which shall never be held liable for unfulfilled orders by deleted Accounts.
This agreement is governed by French laws. Any dispute concerning the validity, interpretation or execution of this Agreement shall be brought before the Paris Courts.

Popseekl reserves the right to bring action for breach of this Seller Agreement against any Seller before the Court having jurisdiction over the place where such Seller has its domicile or registered office.
As for the Terms of Use, we reserve the right to revise this Agreement at any time in order to account for any legal, editorial, functional and/or technical evolution required. For instance, changes may occur because of new features being added to the Platform, changes in the law or where we need to clarify our position on something.

Any changes will take effect at the time the revised Agreement is posted on our Platform and your continued use of the Platform shall constitute acceptance of such revised Agreement.

The version of the Agreement that shall prevail is the one that is accessible online via the Platform on the day you use the Platform available at the address www.popseekl.com/seller-agreement
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