Terms and Conditions

VENDOR AGREEMENT FOR PROVISION OF ECOMMERCE SERVICES OF TIGARTI

This document is an electronic record of the Vendor Agreement for Provision of Ecommerce Services. This document does not require physical signatures to be enforced.


This agreement is made between Tigarti.com (hereinafter referred to as “Tigarti” ) of the First Part And The person/seller/vendor (sole proprietor/company/partnership firm/limited liability partnership firm or any other legal form) who is accepting the terms and conditions of this agreement either herself/himself or through a duly authorized signatory and who is legally allowed to do business in Egypt (hereinafter referred to as “the Vendor”) of Second Part. Tigarti and the Vendor are hereinafter individually referred to as Party and collectively as the Parties. Your use of Tigarti.com website is governed by the terms and conditions as contained in this Agreement applicable to the Website and its vendors. This Vendor Agreement for the website shall come into effect once signed.

Tigarti.com is an e-commerce company registered in the Kingdom of Spain that serves as a platform for top quality Egyptian products, services and businesses to be sold abroad. For the purpose of this Vendor Agreement, Registered Vendor and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the website, its contents and using the services offered on or through the website and has agreed to become a registered product vendor or service or business vendor (collectively referred to as vendor or vendors) of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered Vendor using the computer systems of the Website and accepted this electronic version / electronic record of the Vendor Agreement and has become Vendor. Further, reference to “we”, “us”, “our”, “website” and “Tigarti” shall mean www.Tigarti.com and includes its associates, affiliates and subsidiary(ies).


The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this Vendor Agreement. Upon “Acceptance”, this Vendor Agreement shall be effective and binding upon you along with any amendments made by Tigarti at its sole discretion and posted on the Website. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in signing this agreement or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance. You hereby further agree that this Vendor Agreement is being concluded and executed at Madrid, Spain. Your use of the Website implies that you agree with the terms of the Vendor Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this Vendor Agreement and Rules and Policies as displayed on the Website, please do not seek to obtain access to or otherwise use the Website as vendor.

WHEREAS the product vendor is engaged in business of selling products, items which are given in this Agreement and the service vendor is listing services, items which are given in this Agreement; AND WHEREAS Tigarti is an Ecommerce Website by the name of www.tigarti.com wherein platform is made available for vendors to set up an online store where various products of vendors of different nature can be marketed through the ecommerce website. Product vendors can sell their products through the website directly.

NOW THIS AGREEMENT WITNESSES AS UNDER

1] Commencement : The date of execution of this agreement shall be the commencement date and the agreement shall remain valid until this agreement has been terminated as per terms of this agreement.


2] Commission: Tigarti charge a fees of 150 Euros for registration as a product vendor. Tigarti will also charge a commission of 5% on sale price of every product sold through Tigarti. Tigarti reserves its rights to modify the commission schedule from time to time at its sole discretion and all such changes will be displayed on the site and once such changes are posted on the site all such changes become effective from that time and will be binding on Vendor. Tigarti reserves its right to deny registration to any vendor if Tigarti feels so at the time of vendor registration and Tigarti will be at sole discretion to not allow any vendor to sell his/her all or some products at any time if it wishes so. Every vendor has to agree this and it will be binding on him/her.


3] Availability of products : The Vendor will keep informed at all times to Tigarti about the availability and quantity of the products in his/her inventory along with detailed specifications like size, colour, texture etc. etc. as may be required of the product. Order once placed on the site by the customer shall have to be honoured by the Vendor at all costs.


4] Order, Handling, Delivery :

4.1 Orders for the product received using the website www.tigarti.com shall be forwarded to the Vendor by Tigarti via email. Your contact details shall be provided to the customer as soon as a valid order is received. It is your responsibility to keep your contact details updated on the Website at all times.


4.2 The Vendor shall upon receipt of the order from the Tigarti immediately arrange to deliver the products to the designated address as early as possible but in any case the dispatch shall be made such that delivery to the customer is within stipulated date as mentioned by the Vendor on the website. In case the Vendor fails to dispatch as per above clause, it will be an instance of breach of this agreement and Tigarti reserves its right of termination of this agreement. The Vendor shall provide to Tigarti the consignment number, details of courier/shipment agency, immediately, followed by proof of delivery.


4.3 The Vendor shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Vendor to the customer.


4.4 The Vendor agrees to replace the defective products supplied to the customer at its own cost including additional shipping charges and shall not hold Tigarti responsible in any manner whatsoever.


5] Services to be provided by Tigarti: Providing online space to Vendor to display products/services/businesses and make them available for customers. Tigarti reserves its right to discontinue the website temporarily or permanently at any time or merge or sell the website / business if it is so decided by Tigarti whenever in future and no vendor or listed member will at any time have any right to make any complaint or claim about any loss of business due to such instance. Tigarti will not be responsible in any manner for the loss of business of vendors or listed members if the website remains down for any reason of whatsoever nature for any period of time.


6] Covenants of Vendor: The Vendor hereby covenants with Tigarti as under:

a) To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Vendor agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.


b) To deliver the product of the ordered specifications/description only, including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/ or quality issue and/or issue of non delivery. Further, the Vendor shall maintain adequate stock/ inventory of the items at all times wherever applicable.


c) The Vendor agrees to indemnify and keep indemnified Tigarti from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Tigarti due to acts/ omission on the part of the Vendor.


d) Not to do any act/deal in a thing/products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such a product.


e) To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is derogatory in nature. Further it will provide the product description and image only for the product which is offered for sale through the website of Tigarti. Non fulfillment of these points will be treated as breach of this agreement and may, inter alia, lead to dispelling the vendor temporarily or forever from website at Tigarti absolute discretion.


f) The Vendor declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorised to sell/provide/licence such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest.


g) To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through website of Tigarti.


h) To the best of his/her efforts to have access to the Internet and its email account to check the status of approved orders and will ensure prompt deliveries within the time frame mentioned hereinbefore in the agreement.


i) The Vendor has to provide information about the Order Status including consignment numbers toTigarti.


j) To raise an invoice in the name of Customer for the appropriate amount based on the prices displayed as MRP on the website to the customer and paid by/charged to the customer.


k) Not to offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, and illegal or prohibited under Spanish law.


l) To pass on the legal title, rights and ownership in the Products sold to the Customer.


m) To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor. No claim of whatsoever nature will be raised on Tigarti.


n) The Vendor shall at all time during the pendency of this agreement endeavor to protect and promote the interests of Tigarti and ensure that third parties rights including intellectual property rights are not infringed.


p) The Vendor shall at all time be responsible for after sale service to the products and handle customer complaints regarding product quality and warranties if any. Your contact details shall be provided to the customer as soon as a valid order is received. It is your responsibility to keep your contact details updated on the Website at all times. Tigarti will not be held responsible for any such things at any time in whatsoever manner and the Vendor undertakes to keep Tigarti harmless and indemnified in this case.


q) The Vendor hereby accepts the obligation to ensure high level of buyer satisfaction. If Vendor receives any negative reviews or feedback from Users who have bought items listed by vendor, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion terminate your membership.


r) The Vendor will, at no time, and for no reason whatsoever hold Tigarti liable if the products listed/ displayed on website remains unsold.


s) The Vendor shall be responsible for having a valid bank account and include his/her bank account information in order for Tigarti to process payments and pay Vendor when necessary


t) The Vendor shall post true and real pictures of all their products/services/businesses on www.tigarti.com


7] Termination:


a) Vendor agrees and acknowledges that Tigarti, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of tigarti.com Website. In such an event, the Tigarti reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor and Tigarti will not process any payment for the Vendor..


b) At any time if Tigarti believes that the services are being utilized by the Vendor in contravention of the terms and provisions of this Agreement and/or Terms of use of tigarti.com, the website shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Vendor, forthwith remove/ block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.


c) If Vendor commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 30 days after notice given by Tigarti.com this agreement will stand terminated at our absolute discretion and Tigarti will not process any payment for the Vendor.


d) If a Petition for insolvency is filed against the Vendor, this agreement will stand terminated.


e) If the Vendor is in infringement of the third party rights including intellectual property rights, Tigarti can terminate this agreement at its own absolute discretion and Tigarti will not process any payment for the Vendor..


f) This agreement may be terminated without reason by you only after serving upon a prior written notice of 30 days. The agreement shall stand terminated after expiry of such period. However, orders which have already been received have to be fulfilled by the vendor regardless of the written notice served by the vendor.


8] In the event of termination/expiry of this Agreement, Tigarti shall remove the Links and shall discontinue display of the Products on online shopping website www.tigarti.com with immediate effect. Tigarti shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor by virtue of above.


9] Jurisdiction, governing law and ex-parte Orders The laws of the Kingdom of Spain, as are in force, shall be applicable to present agreement.


10] Intellectual Property Rights


The Vendor expressly authorises Tigarti to use its trade marks/copy rights/designs/logos/videos/ images and other intellectual property owned and/or licenced by it for the purpose of reproduction on the website and at such other places as Tigarti may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.