ASSETSET LTD offers on www.kazystore.com (hereinafter the "Site"), a Marketplace, allowing major sellers, professional or private (hereinafter "Sellers" or "You") to enter into relationship with particular buyers (hereinafter "Buyers"), in order to sell new and used products (hereinafter "Products") at firm prices (hereinafter "Marketplace kazystore.com" or the "Service") attracting everyday consumption, food or any other product offered by the Sellers.
To use the Service, the Seller must accept these General Terms and Conditions of Seller Use (hereinafter the "Seller T & Cs") without restriction or reservation. This acceptance is materialized by a validation click when registering on the kazystore.com Marketplace.
Sales made through the kazystore.com Marketplace between Buyers and Sellers are governed by the General Conditions of Sale of the Service (hereinafter the "GTC"), which must also be accepted by the Seller upon registration.
See the GTC.
ASSETSET LTD reserves the right to modify these T & Cs with immediate effect for Online Products upon notification to the Seller.
Article 1: object
The purpose of these Seller T & Cs is to define the conditions under which ASSETSET LTD makes technological tools available to Sellers for selling Products.
Article 2. Description of the kazystore.com Marketplace
The kazystore.com Marketplace is made up of technological tools enabling Sellers to get in touch with Buyers, to offer them products for sale, to register orders and to collect the proceeds of sales made.
Transactions made via the kazystore.com Marketplace for the purposes of selling the Products are concluded directly between the Seller and the Buyer. ASSETSET LTD is in no case a reseller of the Products offered by the Sellers through the kazystore.com Marketplace.
However, all complaints can be brought to the attention of ASSETSET LTD by email at firstname.lastname@example.org
In the event of non-compliance with these General Terms and Conditions of Seller Use, ASSETSET LTD reserves the right to temporarily or permanently interrupt access to the kazystore.com Marketplace to the Seller concerned, without notice or compensation, and to initiate legal proceedings against him.
Article 3. Access to the kazystore.com Marketplace
Access to the kazystore.com Marketplace by Sellers is subject to acceptance of these Seller Terms and the opening of a Seller account on the Site. When opening this account, You must provide the data allowing your identification. You agree to provide only accurate information, then to inform ASSETSET LTD without delay of any Change affecting them, by sending a simple email to email@example.com.
You agree to keep secret your login and password created when opening your account, and not to disclose them to any third party. You will be solely responsible for access to the kazystore.com Marketplace via your username and password, unless proof of fraudulent use is not attributable to You.
In the event of loss, misappropriation or fraudulent use of your username and / or password, You agree to immediately notify ASSETSET LTD by email to firstname.lastname@example.org.
Professional sellers will benefit from technological tools facilitating the sale of their products, updating their stocks, recording the shipments made and retrieving the list of orders recorded in their name and on their behalf. Access to these services is entirely at the discretion of ASSETSET LTD. Requests can be made at https://www.kazystore.com/en/prices/
Article 4. Obligations relating to transactions carried out through the kazystore.com Marketplace
4.1 General obligation
The Seller undertakes to identify himself to the Buyers as acting as a Professional or Individual Seller as soon as he makes sales of Products via the kazystore.com Marketplace. The Seller who acts as a professional undertakes to comply with the laws applicable to the exercise of a commercial activity (registration, accounting, social and tax obligations).
The Seller is prohibited from promoting directly or indirectly, in any form whatsoever (in particular by inserting hypertext links, any message in the description of the Products, any printed matter in the packages sent to the Buyer, or by using the URL address of its website in its identifier or on the seller's page, or by using a cardboard box) its products or services, as well as those of any other person.
The Seller undertakes to implement all means in order to optimally meet its obligations by providing quality service to the Buyers.
The Seller undertakes in particular to reply to emails from ASSETSET LTD Customer Service within 48 hours of their receipt.
4.2 Obligations relating to offers to sell products on the kazystore.com Marketplace
The Seller agrees and guarantees that he will only sell Products which he owns or over which he has the rights allowing him to sell them. It guarantees that they do not in any way contravene the laws, regulations in force and applicable standards, mandatory or not and that they do not infringe the rights of third parties. The Seller is prohibited in this respect in particular from selling any Counterfeit Product within the meaning of the Code, intellectual property or any Product the marketing of which is regulated under legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network). The Seller is solely responsible for the sale of the Products he offers on the Marketplace kazystore.com.
On the description associated with the product offers it offers on the Site, the Seller undertakes to act in good faith. It is solely responsible for the accuracy of the information contained therein and undertakes that they do not risk misleading potential Buyers, both on the characteristics of the Product, as on its condition or its price. Concerning more particularly used products, the seller must make a precise description of the state of the product. The Seller communicates to the Buyers all the information allowing them to know the essential characteristics of the Product (if necessary, composition of the Product, accessories included, origin, etc.).
The Seller also undertakes that the illustrations provided in the description associated with the Product offers that he offers (photography, drawing, etc.) are in conformity with the Products thus illustrated and respect the rights of third parties. He guarantees ASSETSET LTD that he has rights, in particular intellectual property rights, relating to these illustrations, which allow him to use them in order to present the Products.
4.3. Product price obligations
The selling price of the Products is freely defined by the Seller, in compliance with the laws and regulations in force.
This price must be mentioned on the Site all taxes and costs included (including VAT, packaging costs, eco-tax etc.), but excluding delivery costs, the latter being added by ASSETSET LTD to the price of the order when the Buyer validates it.
4.4. Obligations relating to the sale of Products
The sales contracts for the Products offered by the Seller on the Site are concluded between the Seller and the Buyer under the resolutive condition that the Product is available. The Seller undertakes to only offer available Products on the Site and to immediately remove from the Site any offer relating to Products that are no longer available.
In any case, each time a product is purchased by a customer, the stock is deducted from the Site and the product, if the stock is at 0 (zero) can no longer be added to the visitor's basket.
The Seller is informed by email, and in his Seller account, when a Product he has placed online has been ordered by a Buyer.
The Seller must then dispatch the Product concerned within the time limits which it will have defined in its delivery conditions following the receipt of the information referred to in the previous paragraph.
Thus, the Seller agrees to consult at least once per working day his emails received at the email address provided to ASSETSET LTD for the opening and operation of his account, in order to know the list of Products ordered by Buyers, which he must dispatch within the time limit.
The confirmation of the shipment of the Product by the Seller lifts the resolutive condition attached to the sales contract and this can have its effects.
In case of absence or unavailability of more than 2 working days, the Seller must temporarily suspend the posting of its Products for sale by making the request to email@example.com
The Seller undertakes to fulfill at least all orders for the Products offered for sale on the Site. Failing this, ASSETSET LTD reserves the right to temporarily or definitively interrupt access to the kazystore.com Marketplace to the Seller concerned, by suspending or terminating the present without notice or compensation.
4.5. Obligations relating to the delivery of Products
The following delivery methods can be offered, under the conditions defined below, to the Buyer:
- home delivery
- store pickup
Home delivery is the responsibility of the Seller at the rates also defined by the Seller.
The withdrawal in store stipulates that the customer may take possession of his products physically at the Seller's store during the opening hours of the sound or its stores
The Seller has the obligation to respect the delivery method chosen by the Buyer.
The Seller may refuse to deliver the Product ordered in home delivery mode regardless of the price of the Product. In this case, it must expressly include this reservation on the description associated with said Product. Otherwise, the criteria for choosing the delivery methods mentioned in the previous paragraphs will be applied.
The delivery costs of the Products are calculated according to the grid provided by the Seller to the Site.
The Seller must send the buyer a delivery note for the Product purchased. The Site will send an invoice by email to the buyer and simultaneously to the Seller as soon as the order goes to "Completed" status.
The Seller undertakes to take all the necessary care in the packaging of the Products ordered so as to prevent the Products from being damaged during transport. The Product travels at the expense and risk of the Seller.
ASSETSET LTD addresses to the Seller, as soon as the order is placed and in particular as soon as it is paid, all the information relating to the Buyer enabling him to deliver the Product (s) ordered.
The Seller undertakes to dispatch any Product ordered within the deadlines which have been defined by him on the kazystore.com Marketplace, as from the confirmation of the availability of the Product.
4.6. Obligations relating to product disputes
In general, the Seller undertakes to implement, in good faith, all the means necessary to fulfill its obligations by providing quality service to Buyers.
As such, any Buyer has the opportunity to report through his account on the Site, within 15 days of receipt of any Product, any complaint regarding the Products ordered by addressing his complaints to the Seller. This period is not valid for all perishable food products (food, etc.). He can also send a copy of his complaint to firstname.lastname@example.org.
In the event of a Buyer's complaint concerning a Product, the Seller makes his personal business of the resolution of the dispute which opposes it to the Buyer. Disputes are settled directly between the Buyer and the Seller. The Seller must make its best efforts to resolve the dispute between it and the Buyer amicably.
However, in the event that the Seller has not resolved the dispute opposing it to the Buyer within 10 working days of receipt of the complaint, ASSETSET LTD reserves the right, after having previously informed the Seller, to reimburse the Product to the Buyer. This same amount will then be deducted from the sums to be transferred by ASSETSET LTD to the Seller for Products sold by the Seller via the kazystore.com Marketplace.
If the dispute of the Buyer proves to be founded, the Seller will either return the ordered Product or reimburse it.
In the event of exercise of the right of withdrawal by the Buyer, ASSETSET LTD, in its capacity as a trusted third party, will reimburse the Buyer for the amount of the Product returned by the Buyer to his Paypal account. This amount will then be deducted from the sums due by ASSETSET LTD to the Seller for sales of the Products.
Article 5. Financial provisions
According to the plan chosen by the Seller, ASSETSET LTD will receive from the Seller a commission as follows:
- Bronze Plan: 5% of the transaction amount including shipping costs for each Product order sent by the Seller
- Silver Plan: 2.5% of the transaction amount including shipping costs for each Product order shipped by the Seller + monthly subscription fees to the kazystore.com Marketplace of Rs 2,000.00
- Gold Plan: 1% of the transaction amount including shipping costs for each Product order sent by the Seller + monthly subscription fees to the kazystore.com Marketplace of Rs 3,800.00
- Platinum Plan: 0.5% of the transaction amount including shipping costs for each Product order shipped by the Seller + monthly subscription fees to the kazystore.com Marketplace of Rs 5,000.00
The transaction costs related to the Buyer's payment on the Paypal interface are the responsibility of the Seller.
ASETSET LTD will transfer to the Seller the total amount of the price of the order considered, after deduction of the tax-inclusive commission, provided that the orders have been dispatched and therefore have a "Completed" status.
The amount of the sale and sale of the Product will therefore be fully transferred to the Seller minus the commissions and costs accruing to ASSETSET LTD.
The means of payment of the sale will be made in the long term, as soon as we have the agreement of Paypal, directly by the Paypal interface on the Paypal account of the Seller or by bank transfer directly to the account of the Seller in the absence of buyer's complaint.
Article 6. Vendor evaluation
ASSETSET LTD provides Sellers with means of evaluating Sellers after confirmation of the shipment of the ordered Product, thus enabling Buyers to select Products from Sellers that best meet the conditions of use from the kazystore.com Marketplace.
ASSETSET LTD reserves the right to temporarily or definitively interrupt access to the Seller Service, the average evaluation of which would harm the reputation of the Marketplace kazystore.com by suspending or terminating the present without notice nor compensation.
Article 7. Personal data
Information and data concerning You is processed by ASSETSET LTD. The information is necessary for the management of your Seller account and is kept for security purposes and to comply with legal and regulatory obligations incumbent on ASSETSET LTD, with the aim of improving and personalizing the services we offer to You.
In accordance with the law, You have the right to oppose, access, rectify and delete personal data concerning You, under the conditions provided by law. To exercise them, you just have to write to us by mail at ASSETSET LTD, Chemin twenty pieds, Grand Baie, indicating your name, first name, e-mail address and if possible your customer number. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response must be sent to You. A response will then be sent to You within a maximum period of 1 month following receipt of the request.
The information necessary for the delivery of the Products will be transferred to the Seller for this sole purpose.
The Seller irrevocably undertakes to use the personal data of the Buyer which will be transmitted to him by ASSETSET LTD only for the purposes of the delivery of the Products and to enable him to fulfill the legal obligations attached thereto. He undertakes not to keep any copy of it as soon as he has dispatched the Product (s) ordered. Any other use, rental, sale, resale or copy by the Seller is prohibited.
Article 8. Intellectual property
8.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property, for the entire duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction, representation, modification or total or partial adaptation of the Site and / or all or part of the elements found on the Site or which are incorporated therein is strictly prohibited.
8.2 - Certain Products are the subject of personal and specific rights of use regulating copies, public broadcasts, rentals etc. You must respect the contractual conditions applicable to these Products and ASSETSET LTD cannot be responsible for the uses which could be made of these Products in this context.
Article 9. Liability
The liability of ASSETSET LTD towards the Seller can only be engaged for facts which would be directly attributable to it and which would cause it damage directly linked to these facts, and within the limit of the amount of orders recorded the previous day. It cannot be engaged for indirect damages such as a theoretical loss of profit due to the unavailability of the Service. ASSETSET LTD cannot be held responsible either for the improper use of the kazystore.com Marketplace by the Seller or for any fault on its part. Nor can it be engaged on grounds attributable to a third party to the Service.
In addition, for reasons of confidence in the digital economy, ASSETSET LTD cannot be held liable for the content made available on the Site by Buyers or Sellers, in particular as regards the description of the Products or the ratings that Buyers make Sellers, unless it does not make them inaccessible promptly after being informed of their illegality.
Finally, ASSETSET LTD declines any responsibility with regard to the sales which the Buyers conclude with the Sellers through the Marketplace kazystore.com. Any complaint relating to the comments appearing on the description of the Products or the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this respect.
The Seller is solely responsible for the use he makes of the kazystore.com Marketplace and undertakes to guarantee on first request to indemnify and compensate ASSETSET LTD for any damage, loss, loss of profit which ASSETSET LTD may suffer if its responsibility was engaged by a third party, due to an action related to this use of the Service by the Seller.
Article 10. Partial invalidity
If one or more stipulations of these Seller T & Cs are held to be invalid or declared as such pursuant to a law, regulation or a final decision of a competent court, the other stipulations will remain in full force and all their scope.
Article 11. Applicable law
These Seller T & Cs are subject to Mauritian law. Any dispute relating to their interpretation and / or execution falls under the jurisdiction of Mauritius.
In the event of a dispute between ASSETSET LTD and a professional Seller, the Courts of Port Louis are competent notwithstanding the plurality of defendants or warranty claims, including for summary proceedings or requests.