V4. June 2020
Welcome to ItsHerStore!
ItsHerStore.com is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on ItsHerStore.com is exclusive, handmade, curated or inspired by a personal design.
Sellers (you) who want to register on ItsHerStore.com (or marketplace or website or we or us or our), and use our services to sell products must accept these Seller Terms and Conditions (or terms).
A. SELLER AGREEMENT
ItsHerStore reserves the right to change this policy at any time at its discretion. Any changes will be effective upon posting of the revisions on the marketplace. Upon revision, an email will be sent out by ItsHerStore to all registered email addresses and will also be announced on the website. You are responsible for reviewing any applicable changes. Your continued use of the website and ItsHerStore services following posting of any changes will constitute your acceptance of such changes. If you do not agree to any change to these terms, you must not continue to use the marketplace and/ or its services.
Failure to abide by these terms may lead to suspension/ cancellation of membership.
If you sell on ItsHerStore.com, you agree that:
- All items are either
1. Made or designed by you, the seller.
2. Designed by you and made with the help of a manufacturer who complies with ethical manufacturing practices.
3. Curated by you.
- You are using your own content and photographs – usage of copyrighted content or stock photos without proper license, artistic renderings, or photos used by other sellers or sites is strictly not allowed. If any copyrighted content or stock images are used, the seller is responsible for its licensing. ItsHerStore will not be liable for any issues that arise out of unauthorized usage of such images or content by you.
- You will package products appropriately to avoid damages and in an aesthetic manner. (Shipping guidelines elaborated in section C).
- You will ensure safety and hygiene of your products. It is your responsibility to confirm that that your products do not pose risk of communicable diseases or cause personal injury or damage to people or properties. ItsHerStore will not be liable for any issues arising out of ignorance of health and safety practices.
- You will remain responsible for after-sales services, guarantees, repairs and defects (if any).
- You will represent yourself, your shop and your listings truthfully. One of our core values is transparency which means that you truthfully and accurately represent yourself, your items, and your business. Information provided by you on the marketplace must not be misleading.
- You will not engage in any unfair trade practices through our marketplace.
- All documentation, text, content or information uploaded, entered or otherwise transmitted by you in connection with your use of our website is true to the best of your knowledge. ItsHerStore cannot be held liable for any incorrect information.
- You will honor the commitments you make by agreeing to our terms and policies.
- You will respond to all communications from ItsHerStore team in a timely manner.
- You will notify ItsHerStore team before cancelling an order if you are unable to fulfil an order for any reason.
- If the order was cancelled because of non-payment from the buyer (in case if COD), no penalty will be imposed on the seller.
- If the buyer has paid but the seller has decided to not honor the sale for any reason, the marketplace has the right to levy a penalty on the seller upon the marketplace’s discretion.
- You will use email as the primary medium of communication with ItsHerStore team.
If you sell customized or personalized items, you agree that:
- All your customized or personalized item listings that are available for purchase will clearly indicate that the item will be made-to-order only once the order is confirmed. If you are using photos of previous work with options for customization (like color choices) you may include it in your listing but make it clear in your description that the photos shown are just examples.
- Your customized or personalized item listings on the website will clearly mention the timelines needed for the new creation.
Uploading Listings to the website
- All sellers must follow the proper process of uploading products to the website. The marketplace reserves the right to approve products before they are showcased/go live on the website. For more details on how to upload products, visit the link below: https://www.youtube.com/watch?v=VzrqPka2ZWQ&t=30s
- ItsHerStore holds the right to delete listings at their discretion or listings that have substandard or low-quality images, incomplete or misleading descriptions and specifications.
- Your customized or personalized item listing will mention the timelines needed for the new creation and dispatch period.
- Preferential display of brands/ products on homepage of the website and other key landing pages is at the discretion of the marketplace and at most times this prominent space is a paid position. For availing paid prominence on the website please get in touch with the admin/sales and business development team of ItsHerWay/ItsHerStore/ItsHerSkill.
Photo and video shoots
- Photoshoot projects included in seller membership packages are undertaken by in-house photographers and have a specific style and feel in line with the marketplace’s brand guidelines.
- No special requests by the sellers for these photoshoots will be entertained.
- Video Shoots of sellers will be done as per a scheduled photoshoot that is planned in advance at a specific time and location decided by the ItsHerWay team.
- Video footage and images shot by ItsHerStore.com are sole property of ItsHerWay FZC. and the members are allowed to use these visuals as part of their own personal social media and communication only.
- Sellers cannot upload/circulate these visuals on other competing marketplaces or sales channels without prior written approval of ItsHerWay FZC.
- Usage rights of these photos and video content is usually limited to the duration of the membership with ItsHerWay FZC.
What can’t be sold on ItsHerStore?
- Even if they otherwise meet criteria, prohibited items, services, and items that violate our product policies are not allowed to be sold on ItsHerStore.com.
- ItsHerStore.com has the rights to reject products listed by seller at any point in time after upload of the product online.
- Mass-produced items do not qualify for listing on ItsHerStore.com and will be removed.
- Prior to listing or requesting us to list your products on the marketplace, you should carefully review the list of prohibited items given below. Your account may be suspended if you list items that fall under the list of prohibited items.
- The examples provided are not all-inclusive and are provided solely as an informational guide. We encourage you to seek independent legal advice if you have questions about the laws and regulations concerning your products.
List of Prohibited Items:
1. Promoting and/ or selling alcoholic beverages of any kind, is strictly not allowed.
2. Animals of any kind and Animal Products: No living creature of any kind is allowed to be sold or listed for sale such as household pets, farm animals, wildlife, reptiles, and insects. This also applies to animal organs.
3. Art: Unauthorized copies or reproductions of artwork that violates any copyrights and trademarks.
5. Gambling and Lottery: Including lottery tickets, coin operated slot machines, and slot machines that can be converted to use coins, credit cards, and cash.
6. Hazardous Chemicals and Dangerous Products: Including explosives, books with information on how to make explosive devices, products containing red phosphorous, products containing thermite, used oil, products and batteries containing mercury and products contaminated by radiation.
7. Sexual Wellness Products: Including products that portray nudity in a graphic manner, sexual health products, sexual aid devices, adult-only novelty items.
8. Counterfeits or Refurbished Products: ItsHerStore.com holds the right to remove your listing, suspend your account and/ or cancel your membership if you cannot prove the ingenuity of your products.
10. Raw foods and grocery items
Seller Membership Fee
- The marketplace has put into effect an annual membership/renewal fee for all brands.
- The membership fee once paid is non-refundable and non-transferable under any circumstances.
- No refunds or adjustments will be made for cancellation or early termination of membership.
- Membership fees are subject to change, to know the latest packages and offers its best to contact the seller support team should you wish to get the latest information and know more about membership terms.
- ItsHerStore charges a certain set percentage of sale amount for every transaction made on the website depending on the product category, unless agreed otherwise in individual contract.
- Finance fee + shipping fee + closing fee with VAT are also charged to the seller.
A penalty will be charged by ItsHerStore to the seller for the following:
- Delayed shipping For the orders which are not confirmed within the specified time frame, a penalty of 5% (of the order amount) will be charged for a delay of 1 day and 10% (of the order amount) if the delay is 2 days or more. Unless specified by the seller otherwise within the product listing itself. Despatch period filter is available for all product uploads so sellers must clearly mention and activate that period in order to avoid penalties.
- Cancellation In case of cancellation of a prepaid order by seller, the seller will be charged 5% of the seller payout for that month. The marketplace will on a case by case basis waive these charges if approved by the finance department of ItsHerWay FZC.
- SLA Breach In case of failure to abide by the marketplace timelines, the seller will be charged 5% of the order value per day of the breach unless the order is cancelled by the seller in time.
ItsHerStore.com releases payment on a monthly basis only if the payout is AED 100 and above. The payment cycle happens from the 15th of the month to the 15th of the next month.
All sales made during this period will be credited to the seller account by the 25th of the same month, provided there are no returns. For amounts under AED 100, the payment will be settled in the next month when the payment value reaches over AED 100.
C. SHIPPING POLICY
- A shipping fee of AED 15 plus VAT per order will be charged to the seller by ItsHerStore for postage and handling of items if the seller chooses to use the marketplace’s official partner’s shipping services.
- If a seller chooses her own method of delivery, the shipping fees will not be charged.
- In Any circumstance hand delivery of products is not allowed.
- All vendors must use official registered courier, transport and logistics companies that are used for E-Commerce deliveries within the UAE. While fulfilling orders with the seller’s own shipping partner the seller must still give the Airway Bill and other related information to the marketplace before dispatching the order and also furnish a delivery confirmation once the buyer receives the order.
- ItsHerStore reserves the right to cancel/nullify orders that are incorrectly delivered by the vendor and if any of these regulations are not abided by.
Proper Packaging and Shipment of Items
- Keeping your products safe and packaging them in a sanitized environment should be your number one priority. Ensuring complete hygiene will reduce the risk of communicable diseases.
- ItsHerWay Fzc and its entities, will not be liable for any health problems, direct or indirect, arising out of contact with unsafe or irresponsible packaging.
- Shipping fragile items safely is the responsibility of the seller. Here are a few tips on how to pack fragile items for shipping to ensure their safe delivery:
1. Choose the right size of packaging that holds the item tightly in place, only leaving enough space for cushioning materials.
2. Keep your items facing the right way. Some items may need to be placed upright while others need to be laid down to ensure maximum protection.
3. For perishable food items like cookies, pack each item individually before placing them together. Also, keep heavier items at the bottom and lighter ones on top.
4. Fill in any gaps with cushioning materials like bubble wrap, foam.
5. Seal the package with sufficient thick and wide tape. The delivery address should be clearly visible. And Airwaybill clearly printed.
6. Label your package ‘Fragile’ (or with ‘Perishable Food Items’) on all sides and mark the upright position.
7. If you are using a bag for the external packaging please note that bags will be packaged further into the IHW partner’s packaging to seal and barcode and scan at the fulfillment center before dispatched to the delivery location so make sure the outer bag is sturdy enough and fastened the contents inside the bags as well.
8. Using sustainable packaging material is encouraged however due to the current ongoing COVID 19 threat.
Handing Over your Package to (our Partner) Delivery Agent
Do not accept Air Waybill (AWB) from the (Speedex/Postaplus) delivery agent at the time of collection of your product. Print your own Air Waybill (AWB) from your ItsHerStore seller dashboard and hand it to the delivery agent with your shipment to avoid duplication of order. If a printer is unavailable, wait until a printout can be taken before marking your order as ‘ready to ship’. This is happens because once you update your order the status to “Ready to Ship” the pick up has been requested and then the delivery agent can come to pick up the items from you anywhere between 4 – 48 hours (timelines might vary depending on other circumstances) .
For more details on how to fulfil an order, visit the link below:
ItsHerStore partners with PostaPlus for deliveries. For this purpose, a shipping fee of AED 15 plus VAT is charged to the seller by ItsHerStore for postage and handling of items. If a seller chooses her own method of delivery, the shipping fees does not apply.
It should be noted that under no circumstances is hand delivering of orders allowed.
For items booked at events and shipped later, the seller may use ItsHerStore delivery partner or her own shipping method but hand delivery is strictly not permitted.
Additional shipping information in light of the current global health crisis:
We are pleased to notify that in these uncertain times we are still able to carry on deliveries with the help of our trusted shipping partner PostaPlus. There are, however, certain updates to our delivery services.
While PostaPlus is trying it’s best to process, collect and ship orders on time, there may be delays due to restriction in travel and contact as well as curfew regulations. We request you to be patient and adjust delivery times on your profiles accordingly.
To facilitate faster delivery and keep contact to the minimum, the cash on delivery option is currently unavailable. Alternate online payment options like credit/ debit cards and PayPal are available to make payment faster and convenient.
Our shipping partner PostaPlus has imposed strict hygiene and sanitization conventions as per WHO guidelines at every step of the order & delivery process. These precautionary measures include:
- Regular temperature checks and health screenings for all employees.
- A minimum distance of 1 m across all operations.
- Providing employees with disinfectants, hand gloves and masks and mandating their regular use.
- Sanitizing delivery vehicles regularly, inside and out, with certified detergents. We also encourage you to take every measure from your end to ensure the safety of your customers.
D. SELLER ACCOUNT SETUP
E. RETURNS AND REFUNDS
ItsHerStore does not offer buyers cash refunds. However, on account of a bad/incomplete sale the site could compensate the buyer with the store credit equal to the value of the refund, which the buyer can use towards the purchase from the same seller or a different seller on the site.
Return shipping from the buyer, is a cost to be borne by the seller for getting back returned items.
Sellers must clearly state their returns policy at the time of uploading and listing the products to avoid any confusion for the buyers in the future.
The marketplace reserves the right to cancel or void an order on grounds of bad packaging, faulty product and such returns will need to be accepted by the sellers without question. The payments for such disputed orders will be with-held.
F. INTELLECTUAL PROPERTY RIGHTS
ItsHerStore has the right to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the site (and you warrant that it is entitled to grant that license). This license you grant to us is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. We do not grant any license to you except the services that we offer.
You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for ItsHerStore.com related communications or for ItsHerStore facilitated transactions. By accepting this agreement, you are also bound by privacy and non-disclosure.
You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any ItsHerStore member to your email or physical mailing list or store or misuse any payment information.
H. GOVERNING LAW AND JURISDICTION
These terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.
I. MEMBERSHIP CONTRACT
All seller membership contracts and proposals are governed by this seller policy and terms for selling online.
J. TERMINATION OF MEMBERSHIP
- ItsHerStore holds the right to terminate membership of a seller for malpractice, upon misconduct with a buyer that is proved to be the fault of the seller or for the purpose of providing substandard products to the buyer.
- Membership can also be terminated in case the account is inactive for more than 6 months without prior notice.
- Without prejudice to any other factors, the marketplace shall have the right, at any time, to terminate this relation forthwith, by giving a notice in writing to the seller or by simply deactivating the seller account.
K. EVENTS AND POP UPS MANAGED AND HOSTED BY ITSHERSTORE
- Only ItsHerStore registered sellers will be allowed to take part in the events.
- If you are not a seller, you must sign up to be eligible to display with us at the event.
- Sellers will be notified of all upcoming events in advance.
- Sellers need to make sure that their brand page on ItsHerStore.com is up to date before participating in an event. This should be complete with product information and specifications.
- Sellers must also update their stock count before participating in an event.
- It is mandatory that the sellers provide the marketplace with only those products that have been updated on the website. Products will NOT be accepted for event participation if they are not available online and will be sent back to the sellers.
- SKU code and price needs to be mentioned on the product.
- Inventory list should be sent as a hard copy and emailed separately so there are no mistakes made in inventory handling during events. A sheet will be provided by ItsHerStore team.
- Packaging must be provided along with the products.
- Display that complements the products should also be provided.
- Pick-up and drop-off of the products must be done by the sellers during the events. ItsHerStore team will not be responsible for coordinating deliveries. You may take advantage of our nominally priced last mile partner services for drop-off and pick-up should it be difficult to do it in person.
- In case of loss or damage to products at events, ItsHerStore will not be liable to anything beyond the minimum value/ actual cost of the products.
- Sellers are welcome to attend pop-ups to care for their products and help with sales. However, it is the responsibility of the seller to gain entry into an event or exhibition. ItsHerStore does not offer entry tickets or passes to sellers. It should be noted that some events restrict the number of vendors at a pop-up. In such cases, seller’s presence at the popup will not be possible.
- ItsHerStore will charge a shipping/ handling fee of AED 15 plus VAT for all transactions that happen at events or online as a result of the event promotion if the buyer has confirmed the same or redeems a promotion given to the buyer at the event or pop up.
- Fulfilment of orders placed at all events (online or offline) and delivered later must be done via our official shipping partner. Seller managed own shipping or hand delivery is not permitted.
- Seller payment will be as per the charges reflected at the backend. Unless this is an online order and the seller decides to use ’seller owned shipping’ as an option.
- Presence in online pop-ups or digital events is subject to confirmation from us.
- All transactions for digital events can only happen through ItsHerStore website. The usual shipping and handling charges will apply for these.