PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions apply to your vendor activity with us via this Website. You acknowledge that you are fully aware of the contents of these terms and conditions and, on becoming a vendor, you agree to be bound by and accept these terms and conditions.
- (i) “Customer” means a person who orders Product(s) via this Website;
- (ii) “Product(s)” means any products/services listed as shopping items on this Website;
- (iii)“Applicant(s)” means a person/business who applies to become a Vendor;
- (iv) “Vendor” means a person/business who retails Product(s) via this Website;
- (v) “Website” or “this Website” means www.barterhutt.com.
- (vi) “Parent” means BARTER HUTT
- (vii) “Service(s)” means the service being offered by the Parent to the Vendor
2. Posting Products
- 2.1 The Parent reserves the right to modify any Product(s) in violation of our guidelines in order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all products that are in violation of our guidelines are subject to being removed immediately and without prior notice or refund if applicable.
- 2.2 The Vendor agrees that he/she will be solely responsible for the content of any Product(s) that they post on this website. The Vendor will not hold the Parent responsible for any losses or damages to the Vendor or to others that may result directly or indirectly from any Product(s) that he/she post here.
- 2.3 By posting products on this website, the Vendor agrees to the following guidelines :-
- (a) No foul or otherwise inappropriate language will be tolerated. Product(s) in violation of this rule are subject to being removed immediately and without warning.
- (b) No racist, hateful, or otherwise offensive comments will be tolerated.
- (c) No Product(s) promoting activities that are illegal under the current laws of this state or country.
- (d) Any Product(s) that appears to be merely a publicized test posting, a joke, or otherwise insincere or non-serious is subject to removal.
- (e) All warranty information must be included in the Product Description
- (f)The Parent reserves the ultimate discretion as to which Product(s), if any, are in violation of these guidelines.
- 2.4 All Product(s) must be posted with a featured image with the following specifications**:
- (a) Must have a White or Light background
- (b) Must be Square with dimensions of at least 600px by 600px
- (c) Must have at least 20% margin on all edges
- (d) Must be at least 90% representative of the actual Product being offered
3. Becoming a Vendor
- 3.1. Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by Parent to supply any Service(s).
- 3.2. By applying to become a Vendor, the Applicant makes an offer to obtain the Service(s) he or she has ordered on these terms and conditions. Parent may or may not accept the Applicant’s offer at the Parent’s absolute discretion.
- 3.3. Upon receipt of the Applicant’s order, Parent will verify the Applicant’s details. Parent has not accepted the Applicant’s offer and is not obliged to supply the Service(s) until Parent has approved the Vendor Application and sent a confirmation to the Applicant by email.
4. Supply of Product(s)
- 4.1. Subject to these terms and conditions, Vendors agree to supply the Parent with the listed quantities of Product(s) in “Pending Approval” status by Requesting a Pickup from their Vendor Dashboard within 48 hrs following submission of the Product(s) to this Website unless the Product(s) in question enters the Customer, Parent and Vendor into a pre-order agreement.
- 4.2 Submission of Product(s) from the Vendor to the Parent via the courier of the Parent must be accompanied with a completed Vendor Pickup Form (available to download when requesting a pickup) signed and verified by both the Courier and the Vendor
- 4.3. The Parent reserves the ultimate discretion on the ability of Vendors to brand and package their offering and the extent to which this is done.
- 4.4 The Parent is responsible for the delivery of the Product to the Customer and reserves all rights to use its discretion as to which channel should be utilized.
5. Commissions and Payment
- 5.1. Pricing and Commission Rates of this Service shall be the price as stipulated on this Website at the time when the vendor application is submitted.
- 5.2. All prices are shown in United States Dollars and Trinidad and Tobago Dollars where applicable exclusive of value added tax (VAT) and shipping costs. Trinidad and Tobago Dollars and United States Dollars are the only acceptable payment currencies. Other currencies are listed for reference purposes only.
- 5.3. When the order is delivered to the Customer, the Parent is responsible to depositing the Vendor’s earnings from the sale utilizing his/her banking information provided at regular intervals where the Parent uses its discretion.
- 5.4. Parent will take all reasonable precautions to keep the details of the Vendor secure but Parent cannot be held liable for any losses caused as a result of unauthorised access to information provided by the Vendor.
6. Returns and Refunds
- 6.1. No Product(s) return will be accepted on behalf of the Vendor unless :-
- (a) the Product(s) in question is defective;
- (b) the Customer has completed and filed a Request for Return Form (showing the order ID and other identifying numbers) with the Vendor;
- (c) the Product(s) sought to be returned by the Customer was ordered by the Customer via this Website, within the warranty period offered by the Vendor prior to the date the Customer submitted a Request for Return Form;
- (d) the Parent has notified the Customer by email that the Customer may return the Product(s) to the Parent;
- (e) the Product(s) is returned in a clean and well packaged condition; and
- (f) the Customer returns the Product(s) at his/her own expense which will include any custom duties or taxes.
- 7.2. Upon satisfactory return of the Product(s) to the Parent, suitable tests and inspections will be done, and if liability is found to be that of the Vendor, the Parent will then transfer the Product(s) and Customer Information to the Vendor to settle the dispute.
- 7.3. If the Parent is not satisfied that the returned Product(s) is defective, the Parent will deliver the returned Product(s) to the Customer at the Customer’s own cost.
- 7.4. Product(s) that have already been opened/used are excluded from any return unless they are faulty. The Parent shall entertain no disputes regarding emotional issues and it is for the Customer to ensure that he/she would be comfortable with the product prior to ordering.
- 7.5. Vendor(s) are responsible for settling all transferred disputes within seven (7) working days to the Customer(s) satisfaction and bare all costs in doing so. If the Customer is not satisfied with the resolution, the Parent reserves the right to intervene and provide a resolution at its discretion.
Parent reserves the right to update, revise or change these terms and conditions, the price of the Service(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Vendor’s responsibility to read the terms and conditions and confirm the price of the Service(s) on each occasion when he/she uses this Website and the Vendor’s continued use of the Website shall signify his/her acceptance to be bound by the latest terms and conditions.
9. Force Majeure
Parent shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Parent. Parent may allocate deliveries schedules at its sole discretion.
10. Intellectual Property
- 10.1. The Vendor acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Vendor’s use of this Website shall remain at all times vested in Parent or its licensors. The Vendor is permitted to use this material only as expressly authorised by Parent or its licensors.
- 10.2. The Vendor acknowledges and agrees that the material and content contained within this Website is made available for their commercial use only and that they may only download such material and content for the purpose of using this Website. The Vendor further acknowledges that any other use of the material and content of this Website is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- 10.3. The prices of the Service(s) paid by the Vendor are for the Service(s) and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Service(s) or their packaging.
- 11.1. All Service(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as otherwise expressly agreed, Parent makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
- 11.2. To the full extent permissible by applicable law, Parent disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.
- 11.3. Subject to this Clause, Parent will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
- 11.4. Subject to this Clause, Parent’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Vendor to Parent in respect of the Product(s)/Service(s) in question.
Failure of Vendor to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
14. Entire Agreement
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between the Vendor and Parent relating to the purchase of the Service(s) ordered by the Vendor.
15. Governing Law
These terms and conditions shall be governed by and construed under the laws of Trinidad and Tobago. The parties submit to the exclusive jurisdiction of the courts of Trinidad and Tobago, being the place where the Vendor’s application has been received/accepted.
Thank you for your understanding.
Updated: June 16th 2017