Digger Shop Merchant Terms and Conditions

Effective Date:01 Jan 2024

These Digger Shop Merchant Terms and Conditions ("Agreement") govern your access to and use of the Digger Shop e-commerce platform

1. Merchant Account & Responsibilities

  • 1.1. Eligibility: You must provide accurate and complete registration information and be authorized to represent your business.
  • 1.2. Account Security: You are responsible for your account credentials and must notify us of unauthorized access.
  • 1.3. Compliance with Laws: You must comply with applicable laws regarding product sales.
  • 1.4. Prohibited Products: Products that are illegal, counterfeit, or infringe IP rights are prohibited.

2. Product Listings & Content

  • 2.1. Accurate Information: Listings must be accurate and current.
  • 2.2. Pricing: Set your prices but avoid gouging or deceptive practices.
  • 2.3. Intellectual Property: You must have rights to content you upload and grant Digger Shop usage rights for marketing and platform operations.

3. Order Fulfillment & Shipping

  • 3.1. Order Processing: Process orders promptly.
  • 3.2. Shipping and Handling:
    • 3.2.1. Preparation: Have orders ready for courier pickup within [Insert Number] business hours.
    • 3.2.2. Shipping Methods and Costs: Follow Digger Shop's policies and tools.
    • 3.2.3. Title and Risk: Transfer occurs when items are delivered to our courier.
  • 3.3. Inventory Management: Keep listings up-to-date to prevent overselling.
  • 3.4. Communication: Maintain clear communication with Digger Shop and customers.

4. Payments & Fees

  • 4.1. Fees: You agree to pay fees per our Fee Schedule.
  • 4.2. Payment Processing: Digger Shop handles payment collection.
  • 4.3. Payouts: We remit your earnings less fees on the defined schedule.
  • 4.4. Taxes: You are responsible for all tax obligations.

5. Returns, Refunds, and Customer Service

  • 5.1. Return Policy: You must comply with our 30-day return policy and exceptions.
    • 5.1.1. Merchant Obligations: Provide return address, process returns, issue refunds/exchanges.
    • 5.1.2. Exceptions: Special policies for perishables or hygiene products.
    • 5.1.3. Defective/Incorrect Items: You cover return and refund/replacement costs.
    • 5.1.4. Return Costs: Costs are shared based on reason and defined in the Return Policy.
  • 5.2. Customer Service: Promptly address inquiries or work with Digger Shop to do so.
  • 5.3. Disputes: Cooperate with Digger Shop; we reserve final dispute resolution rights.

6. Term and Termination

  • 6.1. Term: This Agreement remains in effect until terminated.
  • 6.2. Merchant Termination: You may terminate with 30 days' notice and resolve all outstanding issues.
  • 6.3. Digger Shop Termination: We may suspend/terminate for violations or performance issues.
  • 6.4. Effect of Termination: You remain liable for prior obligations and must fulfill any pending orders.

7. Intellectual Property of Digger Shop

You acknowledge that Digger Shop owns all IP rights to the Platform. You may not use our trademarks or content without written permission.

8. Confidentiality

Both parties agree to protect confidential information with reasonable care and not disclose it except under lawful or exempt circumstances.

9. Disclaimers and Limitation of Liability

  • 9.1. Disclaimer of Warranties: THE DIGGER SHOP PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
  • 9.2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGGER SHOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DIGGER SHOP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO DIGGER SHOP IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Digger Shop, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

  • (a) your use of the Digger Shop Platform;
  • (b) your Products, including any claims of product liability, defect, or infringement of intellectual property rights;
  • (c) your breach of this Agreement or any Digger Shop policies;
  • (d) your violation of any applicable law or the rights of any third party; or
  • (e) any taxes or duties related to your sales.

11. Modifications to the Agreement

Digger Shop reserves the right to modify this Agreement, including any referenced policies, at any time by posting the revised terms on the Digger Shop Platform or by otherwise notifying you. Your continued use of the Digger Shop Platform after the effective date of the revised Agreement constitutes your acceptance of the terms. If you do not agree to the revised terms, you must stop using the Digger Shop Platform and terminate your account.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed per the laws of the Republic of Kenya, without regard to its conflict of law principles.

13. General Provisions

  • 13.1. Entire Agreement: This Agreement, together with any policies and schedules incorporated herein by reference, constitutes the entire agreement between you and Digger Shop with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.
  • 13.2. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
  • 13.3. Waiver: No waiver by either party of any term or condition outlined in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
  • 13.4. Assignment: You may not assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Digger Shop. Digger Shop may assign this Agreement or any of its rights or obligations hereunder without restriction.
  • 13.5. Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, sent by reputable overnight courier service, or sent by email to the addresses specified by each party.
  • 13.6. Relationship of the Parties: The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.