Seller Policy (Products) - ItsHerWay
V4. September 2021
Welcome to ItsHerWay!
ItsHerWay.com is a unique marketplace. Buyers come here to purchase products that they might not find anywhere else. Everything listed for sale on ItsHerWay.com is exclusive, handmade, curated or inspired by a personal design.
Sellers (you) who want to register on ItsHerWay.com (or marketplace or website or we or us or our), and use our products to sell products must accept these Seller Terms and Conditions (or terms).
ItsHerWay 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 ItsHerWay 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 ItsHerWay products 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 products.
Failure to abide by these terms may lead to suspension/ cancellation of membership. If you sell on ItsHerWay.com, you agree that:
1-Sellers create Products on ItsHerWay to allow Buyers to purchase their products.
2-Sellers may also offer Customizations to Buyers in addition to their Products.
3-Each order you sell and successfully complete, accredits your account with a net Payout agreed upon activation of seller account
4-ItsHerWay accredits Sellers once an order is completed.
5-If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s ItsHerWay balance.
6-Payouts are only made for completed orders following a safety clearance period of 14 days after the order is marked as complete.
7-Sellers may not promote their Products or any ItsHerWay content via the AdWords platform.
8-The Seller's rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
9-For security concerns, ItsHerWay may temporarily disable an account to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple ItsHerWay accounts to a single provider.
10-Sellers are responsible for paying any direct or indirect taxes, including any VAT/GST applicable at the time of payout, otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The product price shown on the page is inclusive of all such taxes and charges that may apply to the Sellers.
11-Appointment as Limited Payment Collection Agent: Seller hereby appoints ItsHerWay as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Products Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to ItsHerWay shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by ItsHerWay (or its Payment Products Provider, as applicable), and ItsHerWay (via its Payment Products Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Product. In the event that ItsHerWay (via Payment Products Provider) does not remit any such amounts to Seller, the Seller will have recourse only against ItsHerWay and not the Buyer directly. Seller agrees that ItsHerWay may describe or otherwise reflect the terms contained herein in any terms of product, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that ItsHerWay may deem necessary or prudent.
12-ItsHerWay partners with Payment Products Providers for purposes of collecting product- related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments products in connection with the withdrawal of funds on the ItsHerWay platform are performed by ItsHerWay’s Payment Products Providers.
All seller membership contracts and proposals are governed by this seller policy and terms for selling online.
Basic Activation Fee
1-The basic activation fee is paid initially to activate the seller’s account on ItsHerWay and allows the selling procedure to commence.
2-The fee once paid is non-refundable and transferable only when seller upgrades to a package. The basic activation fee will then be deducted from the original amount of the chosen package.
3-The fee is a one time payment
4-No refunds or adjustments will be made for cancellation
5-Activation fee is 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 activation terms.
Value Added Services Fee
1-The marketplace has put into effect an annual membership/renewal fee for all brands.
2-The membership fee once paid is non-refundable and non-transferable under any circumstances.
3-No refunds or adjustments will be made for cancellation or early termination of membership.
4-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.
5-If seller wishes to customize a package with specific products, that can be arranged through contacting the seller support team.
SELLER ACCOUNT SETUP
The seller account setup will be handled by the team of ItsHerWay. Initially, a welcome email will be sent after the activation payment and it will include a registration form where only profiles that are complete and have all mandatory fields updated will be approved by the admin. Completed profiles will be reviewed and activated within 2 business days.The seller terms and conditions will be found at the end of the survey and sellers will be required to electronically agree to them. After having the form approved, the brand name can then be searched and you will find your page on www.itsherway.com. Product details in full will need to be uploaded online and the store pages. An excel file will be attached in the email as for the seller to fill in. After filling in the excel files and sharing it with ItsHerWay, the rest of the procedure will be accomplished by the team.
Marketing Activities Hosted By ItsHerWay
1-Only ItsHerWay registered sellers will be allowed to take part in the events.
2-If you are not a seller, you must sign up to be eligible to display with us at the event.
3-Sellers will be notified of all upcoming events in advance.
4-Sellers need to make sure that their brand page on ItsHerWay.com is up to date before participating in an event. This should be complete with product information and specifications.
5-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.
6-SKU code and price needs to be mentioned on the product.
7-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 ItsHerWay team.
8-Packaging must be provided along with any included products of products. 9-Display that complements the products should also be provided.
10-Pick-up and drop-off of any products must be done by the sellers during the events. ItsHerWay team will not be responsible for coordinating deliveries. You may take advantage of our nominally priced last mile partner products for drop-off and pick-up should it be difficult to do it in person.
11-In case of loss or damage to products at events, ItsHerWay will not be liable to anything beyond the minimum value/ actual cost of the products.
12-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. ItsHerWay 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.
13-ItsHerWay 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.
14-Fulfillment 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.
15-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.
16-Presence in online pop-ups or digital events is subject to confirmation from us.
17-All transactions for digital events can only happen through ItsHerWay website. The usual shipping and handling charges will apply for these.
1-Each seller is entitled to listing up to 15 different products. (Unless agreed upon otherwise) 2-Products created on ItsHerWay are User Generated Content.
3-Products and or users may be removed by ItsHerWay from the Site for violations to these Terms of Product, which may include the following violations and/or materials:
3.1-Illegal or Fraudulent products
3.2-Copyright Infringement, Trademark Infringement, and violation of a third party's terms of product reported through our Intellectual Property Claims Policy.
3.3-Adult oriented products, Pornographic, Inappropriate/Obscenities
3.4-Intentional copies of Products
3.5-Spam, nonsense, or violent or deceptive Products
3.6-Products misleading to Buyers or others
3.7-Reselling of regulated goods
3.8-Offering to prepare academic works on behalf of Buyers
3.9-Products that extend beyond 30 days of product duration
3.10- Exceedingly low-quality Products
3.11- Promoting ItsHerWay and/or ItsHerWay Products through activities that are prohibited by any laws, regulations, and/or third parties' terms of product, as well as through any marketing activity that negatively affects our relationships with our users or partners.
4- Products that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
5-Products that are removed for violations are not eligible to be restored or edited.
6- Products may be removed from our Search feature due to poor performance and/or user misconduct.
1-Products may include pre-approved website URLs contained within the product description and requirements box. Products containing websites promoting content, which violates ItsHerWay‘s Terms of Product, will be removed.
2-Products are required to have an appropriate product image related to the product offered. An option to upload two additional product images are available to all Sellers. Sellers must deliver the same quality of product as shown on their product images. Recurring deliveries that don’t match the quality shown on the product images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
3-Products may contain an approved product Video uploaded through the product management tools available on ItsHerWay.
4-Statements on the product Page that undermine or circumvent these Terms of Product is prohibited.
5-Eligible Products in select Categories may set up product Packages to offer their products in structured formats with multiple price points for the selected Way.
1-Product Extras are additional products offered on top of the Seller’s product for an additional price defined by the Seller.
2-Product Extras may be removed for violations of our Terms of Product. For specific terms, please see the Products section above for a list of products that violate our Terms of Product.
3-Products are subject to be removed due to violations found in Product Extras.
4-Products offered through Product Extras must be related to the base product and part of the deliverables on the order.
5-Sellers have the option to extend the duration of an order for each Product Extra that is added to the order. This is to cover the time needed to complete the extra product.
Adult Products & Pornography - ItsHerWay does not allow any exchange of adult oriented or
pornographic materials and products.
Inappropriate Behavior & Language - Communication on ItsHerWay should be friendly, constructive, and professional. ItsHerWay condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - ItsHerWay takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Products or orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a product must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of ItsHerWay will not be protected by our Terms of Product.
Authentic ItsHerWay Profile - You may not create a false identity on ItsHerWay, misrepresent your identity, create a ItsHerWay profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, products, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. ItsHerWay reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - ItsHerWay will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of product. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use - You may not use ItsHerWay for any unlawful purposes or to conduct illegal activities.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on ItsHerWay. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell ItsHerWay accounts. Proprietary Restrictions
The Site, including its general layout, design and content, is exclusively owned by ItsHerWay and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in
any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
SHIPPING POLICY Shipping Fees
1-A shipping fee of AED 15 plus VAT per order will be charged to the seller by ItsHerWay for postage and handling of items if the seller chooses to use the marketplace’s official partner’s shipping products.
2-If a seller chooses her own method of delivery, the shipping fees will not be charged. 3-In Any circumstance hand delivery of products is not allowed.
4-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.
5-ItsHerWay 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
1-Keeping any included 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.
2-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 or delivery of product.
3-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:
3.1.Choose the right size of packaging that holds the item tightly in place, only leaving enough space for cushioning materials.
3.2. 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.
3.3. 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.
3.4. Fill in any gaps with cushioning materials like bubble wrap, foam.
3.5. Seal the package with sufficient thick and wide tape. The delivery address should be clearly visible. And Airwaybill clearly printed.
3.6. Label your package ‘Fragile’ (or with ‘Perishable Food Items’) on all sides and mark the upright position.
3.7. 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.
3.8. 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 ItsHerWay 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) .
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:
1-Regular temperature checks and health screenings for all employees. 2-A minimum distance of 1 m across all operations.
3-Providing employees with disinfectants, hand gloves and masks and mandating their regular use.
4-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.
1-ItsHerWay charges a 10% of sale amount for every transaction made on the website depending on the product category, unless agreed otherwise in individual contract. (Certain seller percentage are subject to change based on mutually agreed commission)
2-Finance fee + shipping fee (for any physical deliverable products) + closing fee with VAT are also charged to the seller.
ItsHerWay.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.
All payments will be made after deductions
A penalty will be charged by ItsHerWay to the seller for the following:
1-Delayed shipping For any physical orders that come with product 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. Dispatch period filter is available for all product uploads so sellers must clearly mention and activate that period in order to avoid penalties.
2-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.
3-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.
Cancellation Of vendor account
1-ItsHerWay holds the right to terminate vendor accounts 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.
3-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 vendor account.
1-Feedback reviews provided by Buyers while completing an order are an essential part of ItsHerWay's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their product. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regard to the product provided by the Seller.
2-Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Product.
3-To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the ItsHerWay platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the ItsHerWay platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
4-Feedback comments given by Buyers are publicly displayed on a Seller’s product page.
5-Responding and posting a review: Once work is delivered; the Buyer has three days to respond. If no
response is provided within the response period, the order will be considered completed.
6-Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No
new reviews may be added to an order after 10 days.
7-Sellers may not solicit the removal of feedback reviews from their Buyers through mutual
8-Requests for revisions can be performed through the Order page while the order is marked as Delivered.
9-Requesting to gain more products from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
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 ItsHerWay.com related communications or for ItsHerWay 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 ItsHerWay member to your email or physical mailing list or store or misuse any payment information.
1-ItsHerWay reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Product or due to any illegal or inappropriate use of the Site or products.
2-Violation of ItsHerWay's Terms of Product may get your account disabled permanently.
3-Users who have violated our Terms of Product and had their account disabled may contact our
Customer Support team for more information surrounding the violation and status of the account.
4-Users have the option to enable account Security features to protect their account from any unauthorized usage.
5-Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
6-ItsHerWay may make changes to its Terms of Product from time to time. When these changes are made, ItsHerWay will make a new copy of the terms of product available on this page.
7-You understand and agree that if you use ItsHerWay after the date on which the Terms of Product have changed, ItsHerWay will treat your use as acceptance of the updated Terms of Product.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to ItsHerWay by our users (Buyers and Sellers) is User Generated Content. ItsHerWay does not check user uploaded/created content for appropriateness, violations of copyright,
trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. We provide no warranty with respect to the Products, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Products® product offers.
By offering a product, the Seller undertakes that he/she has sufficient permissions, rights and/ or licenses to provide, sell or resell the product that is offered on ItsHerWay. Sellers advertising
their product online must comply with laws and terms of product of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the product and may lead to the suspension of Seller's account.
Disclaimer of Warranties
Your use of the site, its content and any products or items obtained through the website is at your own risk. the site, its content and any products or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither ItsHerWay nor any person associated with ItsHerWay makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will ItsHerWay, its affiliates or their licensors, product providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any products or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In accepting liability as the limited authorized payment collection agent of seller, ItsHerWay and its affiliates assume no liability for any acts or omissions of seller.