This Reseller Agreement (hereinafter, the “Agreement”), is made and entered into by and between ‘Wholesaler” (hereinafter “Wholesaler”), and ” XpressAfrica Store owned by Dagamz publishers ” (hereinafter, “Retailer”). Retailer wishes to sell and promote the products offered by the Wholesaler in their store and magazine.
Wholesaler and Retailer Responsibilities: Retailer must have a functioning Ecommerce URL, Wholesaler will deliver inventory to the Retailer/Customer, as agreed. Wholesaler is not involved in the actual transaction between the Retailer and the Customer. Retailer will be responsible for providing exemplary customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. Wholesaler is not the agent of either the Retailer or the Customer.
Representation of Product: Wholesaler retains all rights to all images of products provided and retains the right to prohibit the use of any and all images provided. Retailer may not use any of the images contained within the provided photos for any other purpose other than to gain sales. Retailer may use any images provided in any other medium in other to generate sale both in physical pop up shops and featuring in their magazines.
Stock: The wholesaler would send in mop-ups of the available pieces, sizes and colour to be properly displayed on the retailer’s website and at any time any stock is sold out the wholesaler is mandated to inform the retailer within two days or would pay for damages.
Billing: At this time, the Wholesaler is extending credit terms or otherwise stated, the Wholesaler is to sell to the retailer at a 20-30% discount. The wholesaler is to send inventory within 1-4days of receipt of order to the customer and any delay in this should be properly communicated to the retailer.
Sales and Tax: Retailer agrees that it is their sole responsibility to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales of the Wholesaler’s products. Retailer further agrees that Wholesaler is not obligated to determine whether a sales tax applies and is not responsible to collect, report or remit any tax information arising from any transaction involving the images or photos provided. The retailer has the sole right to display on their website the amount they wish to sell the wholesalers products.
Shipping: Orders will be shipped by the wholesaler once order is received unless otherwise stated.
Errors, Returns and Warranty: Order errors and/or defects must be brought to Retailer’s attention within five (5) business days of receipt of shipment by Customer. Wholesaler will not send a knowingly defective product to the retailer and/or customer and possible replacement should be made by the wholesaler within two working days.
Severability: If for any reason the wholesaler wishes to pull out of the agreement, the retailer is to be notified three months prior to the date.
This agreement is always up for review as the store grows and expands.