Terms and conditions to become a partner with Toysclash
Toys clash is the world’s first and ever toys marketplace, providing a platform for toys and other baby items seller to boost up their business and sales via online and mobile apps technology. Toys clash is providing a platform for sellers to transact with customers online. Toys clash will play the role of commission agent to those who will accept the term and condition design by toys clash below.
- Customer: A person who buy goods or services from the platform
- Provider app: The platform for the seller to upload their products.
- Signup process : A process where person or individuals signup to become partners with toys clash
- Retail department : The support assistance is given by Toysclash to resolve the issues among sellers and toys clash.
- Business days: Day excluding Sunday
- Payment mode: Any available account through which the payment is to be made to the seller.
- Commission schedule: The specified percentage will be deducted by the toys clash for each type of product being sold as mentioned in the toys clash.
- Contract: The agreement between the seller and Toysclash for business purposes
- Seller compliance policy: Standard guidelines to be followed by the sellers as mentioned here. Any violation of the policy will result in a penalty
- Customer protection policy: The policy is made to ensure the quality of the product.
- Listing price: It is the price of the product which seller mentioned in the provider application that includes taxes imposed by the government.
- Store center: The products which need to be shipped to the customer through standard delivery, the seller will send the product to the Toysclash store center.
- Urgent delivery: The fast delivery system within 24 hours
- Standard delivery: delivery within 2 to 3 business days
- 3PL: A service provider assigned by Toysclash for shipping the product
- Fees: any additional fee charged by Toysclash for service such as return or in case of penalty
- Pending: The status is shown on the provider app as the order has been placed and waiting for further procedure.
- Written communication: Any message or communication set out to seller through provider application or send it by email, courier, or mobile number.
- Top toys shop: To become a top toys shop on our platform
- To access the platform, the seller needs to accept the terms and conditions as well as details, policies, annexes, etc. which are mentioned at Toysclash. If the seller except it by computerized, then it will consider valid.
- This platform is for only those sellers who are related to the toys industry no other items can be sold here which are not mentioned in our Toys clash categories.
- Both Parties agree that customer happiness is the goal that should guide both Parties' commercial actions and behavior.
- You undertake to comply with all applicable laws and regulations when accessing or using the site or services as a condition of your access to and use of the site or services.
- Toys clash reserves the right to delist the Seller and terminate the relationship with the Seller based on Toys clash's internal quality assessment of the Seller as stipulated by Toys clash's Customer Protection Policy to maintain its reputation for quality and excellent service standards.
- Toysclash reserves the right to change or restate any terms at any point and the sellers are obligated to accept the amended terms to use our services.
- The sellers must accept all the modifications and changes within 15 days which will be communicated through email, mobile number or provider application. In case of failure in acceptance, Toysclash will consider this as a positive response.
- Toysclash has posted the terms and conditions both in English and Urdu to fulfill the language barrier among sellers and Toysclash. And also it will be convenient for all the sellers to fully understand our stated terms.
3. To access the provider application:
- Once you complete the sign-up process then toys clash will provide you with a unique username and password to access the provider application and your registration will be completed along with the business management for the seller.
- The seller will only be responsible for the security and protection of his or her password and will not disclose his or her password to any third party.
- The Seller is responsible for keeping their provider application information up to date such as phone number, account number, address, etc. If any consequences arise due to incorrect information, Toys clash will not be responsible.
- Toys clash will give a proper training session to the sellers so that sellers can run the platform
- The seller will be in charge of feeding up-to-date information prevailing to their business on provider applications. In case if the seller is unable to use or update the information then he/she needs to personally contact Toys clash to update the information on his behalf. Toys can facilitate the seller for a maximum of three months after that provider needs to arrange someone to run the app.
- Toys clash will ship off the message to the seller through his enrolled contact number or email address or through provider application which didn't get a reply or composed complaint inside 48 hours will be worth arrangement between Toys conflict and the Seller.
4. User guidelines:
As Toysclash is a commission agent for the sellers, so toys clash will charge a commission upon each product which will be 15% of the total sale price. The calculated percentage also includes the tax price.
Toysclash has the right to change the percentage commission and before any change in the percentage commission, Toysclash will notify the sellers 15 days before implementation.
4.2 Seller compliance policy:
Toysclash has brought a great opportunity for toys sellers to interact with online customers and to create a trusted platform; Toysclash has introduced a seller compliance policy. The action will be taken by the toys clash in case of any violation made by the seller
- If the quality of items that were shown in pictures or the videos are not the same which are delivered to the customer then toys clash will deactivate the seller’s platform for 7 business days. In case the same action is repeated third times by the seller then toys clash will apply a penalty
- The items which are prohibited on the platform if displayed or being sold by the seller then toys clash has the right to delist the product without any prior notice. And also have the right to charge a financial penalty if it’s repeated again.
4.3 Costumer protection policy:
Customer protection and creating a safe and trustful environment is the ultimate priority of Toys clash. The items received by the toys clash store center will be inspected first and then will dispatch to the customer. In case the quality of the item is not similar to the uploaded picture then the item will be returned to the seller. And the delivery charges will not be refundable and the delivery cost of the returned item will be deducted from next payment cycle.
Toysclash has introduced a new step for the fast delivery mode in which
- Before dispatching and after the delivery of the items to the customer's toys clash rider will upload the picture of the product as proof that the same item is dispatched and delivered. So that no consequences should arise related to the product
4.4 Seller obligations to customer service:
If the Toysclash customer support department received any complain or question about the sale product, that case the toys clash will forward the complaint to the seller and the seller must answer it within 24 hours. After receiving the response of the seller, Toysclash will forward that message to the customer through our customer support department. And incase if the seller failed to respond within 24 hours then the seller will be delisted from the platform for 7 days.
Toys clash reserves the right to keep the customer data secure and save and not disclose to the seller. If the seller tries to approach the customers directly through any medium like business cards, or brochures, etc. Then the seller will be given a written warning/notice if it happened for the first time and if it happens for the second time then toys clash has the right to deactivate the seller from the platform for seven days, and for the third time toys clash will charge a financial penalty.
4.6 Listing of products:
- It is the sole duty of the seller to list all the products on the provider app on daily basis. In case any of the products is sold out or go out of stock then the provider should immediately update the information or inform our retail department.
- Toys clash will apply a penalty on the seller if the customer place an order and the seller cancels the order due to the product being out of stock.
All the legal notices and demands between Toysclash and the seller should be in writing. And the seller needs to send it by certified mail or courier to the address provided by the toys clash.
If the items delivered are not as per the quality, as asked by the customer and the returned ratio of delivered items is above 50%, then toys clash reserves the right to deactivate the provider without prior notice.
4.9 To reactivate on the platform:
In case the seller is deactivated due to any mishap or the violation of the rules and regulations and wants to register with toys clash, they have to pay a security deposit of rupees 25000, which will be the refundable amount in case the provider wants to deactivate the account from the platform
The sellers will be ranked according to their performance. It includes;
- Number of orders
- Less return ratio
- Customers reviews
- All the payments of the products which are sold on the platform will be received by the toys clash on behalf of the sellers. Toys clash will pay the seller's amount after less its commission, or any dues and penalties if applicable.
- The sellers will receive the payment via any available payment mode that exists which is specified by the seller. The payment will be transferred to the seller on the given account according to the schedule which is accepted by the seller (The minimum time to receive the payment is 24 hours).
- Toys clash will not be responsible for any failure to make payment arising due to incomplete or inaccurate information given by the seller with regards to the bank accounts.
- Toysclash will ensure payment statements are available on the provider application with all the relevant payment information and summaries.
- If Toysclash and/or 3PL lose a Seller's Product during transport or handling, Toysclash will compensate the Seller for the lost Product.
- Since toys clash is a mediator, so sellers are responsible to pay the tax or any other charges which are imposed by the government authority. The tax amount should be added by the seller against the product on the provider application.
- If the customer is canceling the order after the order is dispatched then the delivery charges will be compensated by Toysclash and will be added to the seller’s payment.
In performing your particular business, the provider must follow all applicable laws and regulations. This includes;
- product safety
- Intellectual property rights
- Data privacy
- Consumer protection
- Product or regulatory certification
- Import and export control
- Unfair competition
- Price gouging
- False advertising
- Health and safety
- Anti-bribery and anti-money laundering
Each seller represents, warrants, and agrees that
They should use the site for business purposes only. They have to provide accurate, true, current, and complete data during the registration process.
The seller is responsible to obtain the third-party license and permission before uploading the content. It does not infringe any copyright, trademark, or personal right of any third party right.
They shouldn’t be subjected to any trade restriction or any other legal restrictions imposed by the country or any other organization. Neither the sellers should offer any products that are against the international trade restrictions
The content displayed on the provider app should be accurate and complete. It doesn’t contain any information which is threatening, offensive, or harmful to the site. Further, the seller should not violate any product listing policy.
The seller has to carry on the activities with the applicable laws and regulations. They shouldn’t use the Toysclash to defend any customer e.g. sale of stolen products.
Those products which are produced or manufactured by child labor or forced labor are strictly prohibited.
They should duly pay all customs duties and any other taxes of the product before mentioning them on the platform.
They must provide personal, business, or financial information if required by Toysclash at any point within 15 business days if such a request is being made.
They are not involved in any activity that promotes money laundry, criminal or terrorist activities and toys clash reserve the right to investigate your profile before approving your account and payment.
7. Intellectual property:
The sellers should assure that the product manufacturing and their description do not violate any intellectual property either directly or indirectly.
Without Toysclash's prior written approval, the Seller is not permitted to use any of Toysclash's Intellectual Property.
Toysclash and sellers both are responsible to make a good environment and not making any negative statements or comments related to the brand name or the platform, which may create a bad impression about our platform or the seller.
8. Force majeure:
Toysclash will not be responsible to compensate any of the loss due to the following reasons;
- Breakdown of systems and incapacity to fulfill functions as a result of force majeure events like earthquakes, floods, political war, fires, terrorist attacks, governmental actions, etc.
- System shut-down for maintenance
- Inability to transmit data due to failures in communications terminals or telecommunications equipment
- suspension or delay of services or systems failure due to reasons beyond the reasonable control of Toysclash such as hacker or cyber-attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems, or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
The sellers should agree to indemnify, compensate, and defend the Toysclash (including affiliates, directors, employees, and representatives) against all the costs, penalties, damages due to;
- Defect in the product or packaging of the sold products by the seller
- If a seller committee a law violation, such as failure to pay the tax on the import items or manufactured products
- Any loss or damage as a result of multiple uses of account. In case of multiple uses of account and failure to maintain the security, Toysclash will not be liable for any loss.
- The sellers are responsible for the protection of their accounts. In case of failure to the protection, Toysclash will not be accountable for any compensation and can terminate the provider without prior notice.
10.Breaches by Members
If any of the sellers' posts or display content that violates any of the laws and regulations, harms the interest of customers or Toysclash, could make Toysclash accountable, break any third party rights, or found inappropriate, then Toysclash has the right to remove and reject the content. Toysclash has the right to suspend and terminate the provider app if any of the sellers are found guilty or infringes any of the terms of Toysclash.
- The provider is prohibited to upload adult items on the platform.
- Toys clash strictly prohibits the sales and listing of narcotics, natural drugs, synthetic drugs, drug precursor chemicals, drug equipment (like water pipes, carburetor pipes, etc.),and other controlled substances. In such activity, toys clash has the right to deactivate the provider.
- Those items which are explosive and flammable in nature and hazardous materials (e.g. fireworks, firecrackers, etc.) are prohibited to upload on the platform. Such activity can result in your account being delisted.
- The posting of chemical and nuclear weapons (e.g. stun guns, batons, crossbows, or any related parts (are strictly prohibited.
- The listing and sales of toys knives and other cutting instruments are permitted, but switchblade knives, gravity knifes, knuckledusters (bladed or not), bladed handheld devices, and disguised knives are prohibited to upload and sell.
- Such items which are related or similar to government official uniforms, medals, badges and awards with similar designs, and police uniforms, police vehicles are not permitted to be listed. But kids costumes related to these are allowed to be uploaded nevertheless not to be same as government officials.
- Items that are racially, religiously or ethnically, or that promote hatred, violence, racial or religious intolerance are prohibited on the platform
- No male and female undergarments are allowed to be uploaded or sold (panties, bras, boxer briefs or boxer shorts, etc.)
- Anything which is an inspiration to cannabis or weeds is prohibited on the platform.
- Anything which is an inspiration to tobacco products including cigarettes, hookah tobacco, tobacco leaf, or shisha is prohibited. Moreover, posting of nicotine and other liquids used in electronic cigarettes is forbidden.
- Any item which is an inspiration for terrorist activities are prohibited
- Toys clash does not permit the posting of unauthorized medical devices. Anything which is an inspiration for medicated items is prohibited
- The posting or sale of pornographic materials, CDs, and DVDs are strictly prohibited
- The listing or sale of orally administered or ingested sexual enhancement foods and supplements is prohibited.
12.Top Toys shop:
To become a featured seller, the seller must pay the amount depending upon the payment mode selected by the provider. The toys clash has introduced four packages which included the economy, standard, premium, and premium plus. The criteria for the weekly payment mode are mentioned below;
|Names of packages||No of areas can cover||Amount of money must pay on weekly bases|
|Economy||Up to 2 areas||1000|
|Standard||Up to 5 areas||1800|
|premium||Up to 10 areas||3000|
|Premium plus||Unlimited areas||6000|
The toys clash will provide a discount for the featured sellers if they choose the option stated below
- 1 Monthly 10%
- 3 Months 15%
- 6 Monthly 20%
- Annual 30%
Toysclash is solely responsible for how the Products are featured on the Platform, as well as their placement on the Platform.
Toysclash offers two types of delivery modes (standard and express /urgent).
13.1 Urgent mode:
The urgent delivery modes provide a fast pickup and delivery system. It will only apply to the customer within the city. The product will be delivered in 24 hours.
In urgent delivery, the toys clash rider will pick and drop the items to the customer and will be responsible to take a picture of the item before and after handover it to the customer as proof that the same product is delivered to the customer.
13.1.1 Order processing:
Upon getting notification about the order, the seller is obliged to arrange/ready the order before pickup by the rider. The seller is not supposed to pack the order until the Toysclash rider inspects the product and uploads the picture on the toys clash application.
If the order has been canceled by the customer before the shipment, then the seller must not be supposed to hand over the product to the riders or courier.
13.1.2 Pickup service:
The toys clash will provide the pickup service only in case of urgent pickup through the toys clash riders. (Personal riders may not be allowed). Without the rider's presence/inspection of the product, sellers are not allowed to pack the orders.
13.2 Standard mode:
This type of delivery is applicable both for within city and out of city customers and within the city the customer will receive their order in 3-5 business days and for out of city customers it will take 3-7 business days.
In standard delivery, the items need to be dropped by the seller at the toys clash store center through courier and the charges will be added to your payment. If the customer cancels the order after the shipment of the item then toys clash will be accountable for shipping fees and will add to your account
13.2.1 Order processing:
When the seller received the order then they have to courier the item on the day of the order received to the toys clash store center. Before couriering the item the seller needs to properly check the items to ensure that the same product is dispatched or no default in the item. If toys clash found any default or damage in the product then toys clash will return the product and has the right to charge a penalty.
If the customer cancels the order before the shipment of the product then the seller needs to accept the product as canceled and not dispatch any canceled order to the 3PL. If any consequences a raised due to the shipment of the canceled product then the seller will be the only one responsible for their action.
13.4 Return policy:
If the provider claim that the returned product is damaged then toys clash will investigate with proper proof if the raised question is genuine then toys clash will compensate the seller. In case if the item is not damaged and it has some internal error, in that case, the item should be returned within 24 to 48 hours with the proper proof of tracking id through direct delivery.
|Percentage of return in a week||penalty|
|Above 50%||Delist from the provider application|
13.5 Duration and termination:
The agreement between both parties is valid for 1 year until any of the parties are terminated. If any of the sellers wants to break the agreement, he has to inform the provider center before 15 days of termination.
If any of the sellers breach any of the given agreements then Toysclash has the right to terminate the sellers immediately with the written notices.
- Violate any of the warranties mentioned above.
- Any of the obligations under this contract.