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Seller Policy
By signing up as a Seller, you accept Clixpin’s Seller’s Policy, Privacy Policy, Terms and Conditions, and Cookies Policy (collectively “our Policies.”).
Clixpin is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, and shipments, and complying with the law. Clixpin does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Clixpin’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Clixpin Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
1. Selling Basics
Clixpin is a
marketplace for goods and services. However, we are not a curated marketplace.
As such, there are certain types of goods and services that are prohibited from
the platform either because they pose a legal risk; are harmful to members; are
inconsistent with our vision and values; or violate our Policies. Clixpin reserves the right to, at its sole
discretion, immediately suspend, or terminate an account that does not comply
with its policies, in accordance with the Terms of Use and this Policy.
Sellers may be charged for using some
of Clixpin’s services. You are
responsible for paying any fees associated with the listing, selling, and
advertising.
The following is a list of items that we do not permit.
(i) Goods and Services that promote, support, or glorify red hat, those that promote, support, or glorify violence, and unlawfulness.
(ii)
Alcohol,
Tobacco, Drugs, Drug Paraphernalia, E-Cigarettes, Prescription, and Medical
Drugs.
(iii)
Regulated
Medical Devices and Pharmaceuticals.
(iv)
Dangerous
and Hazardous Items such as explosives (fireworks), flammable items, gases, radioactive
material, and toxic substances.
(v)
Weapons
(including air rifles and BB guns).
(vi)
Recalled
items.
(vii)
Items
that contain violent messages, or that support or glorify red hat.
(viii)
Illegal
Items and Stolen Goods.
(ix)
Counterfeits.
(x) Virtual
Currency.
(xi)
Pornography
and Mature Content.
(xii)
Items
that violate Intellectual Property.
You are required to maintain your own insurance policy and all permits, licenses, and registrations required by law or regulation.
2. Managing your Items
It is important that you manage your
shop in a way that is fair and transparent to your customers and to Clixpin.
By becoming a Clipxin Seller, you agree that you will:
(i)
Provide
honest, accurate information.
(ii)
Honor
your Shop Policies.
(iii)
Ship
an item or otherwise complete a transaction with a buyer in a prompt manner,
except when exceptional circumstances occur (natural disasters, war, unexpected
shipping delays).
(iv)
Accurately
represent your items in listings and listing photos.
(v)
Not
violate the Intellectual Property of others.
(vi)
Not
coordinate pricing with other sellers.
(vii)
Specify
the condition of the items you are selling, including describing any flaws or
defects.
(viii)
Comply
at all times with Clixpin’s Policies.
(ix)
Not
engage in fee avoidance.
(x)
Do
not create duplicate shops.
(xi)
Do
not engage in manipulating clicks, carts, or sales.
(xii)
Respond
to buyers' questions and messages promptly.
(xiii)
Be
professional throughout the transaction.
(xiv)
Make
sure the item is delivered to the buyer as described in your listing.
(xv)
Assume
full responsibility for the item offered and the accuracy and content of the
listing.
Other suggestions:
You don't have to accept returns, but
we highly recommend you do – it might help you attract more buyers. If you do
accept returns, make sure you specify the time period in which you accept
returns, who pays for the return postage, and how the refund is issued.
Be detailed and clear in describing
the terms of the transaction and include information about the forms of payment
you accept, any taxes or other applicable fees, shipping and handling, and your
return policy. Being upfront and honest about these terms helps build trust and
provides a positive buying experience for your customers.
Frequently review and update listings to make sure all information – such as inventory status and item
condition – is accurate and up to date.
Be responsive to any buyer concerns or
problems
Photos are an important part of a
listing, we suggest that you take clear, accurate pictures of the items you are
selling.
3. Fees and Taxes
All items listed in Clixpin must be
listed in US Dollars. Clixpin will
add a twenty percent (20%) transaction fee for services and (5%) for products
on the price displayed for each listing plus the amount charged for shipping
(the “CLIXPIN Fee”). The Clipxin Fee is non-negotiable and will be
deducted automatically once payment from a transaction has cleared.
Clixpin will collect from buyers the Municipal, State, and Business to Business Tax (“Taxes”) at whichever rate is set at the time of sale and remit the collected taxes to the Puerto Rico Tax Authority (Hacienda).
Clixpin may change
its fees from time to time by posting the changes on the Clixpin site fourteen (14) days in advance.
You must have a payment method on file
when using our selling Services and pay all fees and applicable taxes
associated with your use of our Services by the payment due date. If your
payment method fails or your account is past due, Clixpin may place restrictions on your account.
4.
Seller Standards
When you list a product or service on Clixpin you understand and agree that you are solely
responsible for complying with all applicable laws and regulations, including
any required labels and warnings, and any required warranties. Clixpin does not assume responsibility for the
accuracy, labeling, or content of your listings.
You are required to include the
following information on your listing:
(i)
Accurate
Description of service or item (Specify the condition of the item or
particulars of the service)
(ii)
Forms
of payment you accept.
(iii)
Return
Policy if returns are allowed.
(iv)
Shipping
method, costs, and other information.
(v)
Taxes
and any government fees.
(vi)
Terms
of the transaction.
(vii)
Communicate
your procedure for canceling an Order.
By Selling on Clixpin you agree to:
·
Resolve disagreements or disputes directly with the
buyer.
·
Honor your listed price.
·
If you are unable to complete an order, you must notify
the buyer and cancel the order.
·
Refrain from exchanging communications that contain
hateful or derogatory language or imagery.
·
Refrain from sending unsolicited advertising or
promotions, requests for donations, or spam.
·
Encourage or facilitate a transaction that evades the Clixpin checkout process.
·
Do not violate any rules described in our Policies.
5.
Actions on Seller Account
Clixpin may take
actions that limit the visibility of your shop, listings, or ads or that
impact your payment account if Clixpin determines that you have violated our policies, incurred in actions that are
illegal or pose a risk of fraud, counterfeiting, or other claims. When
appropriate and permitted by law, Clixpin will communicate information to the affected seller about the issue.
Clispin may make
changes to onboarding or authentication processes for sellers at our sole
discretion. Compliance with these processes may be required for seller account
activation or continued access and usage.
If Clixpin has reason to believe you, Your Account, or your use of the Services violate
our Terms, including this Seller Policy, we may deactivate Your Account and
disable your content and your access to the Services.
6.
Privacy
You are responsible for protecting
members’ personal information you receive or process, and you must comply with
all relevant legal requirements. This includes applicable data protection and
privacy laws that govern the ways in which you can use user information. These
laws may require that you post and comply with your own privacy policy. Your
privacy policy must be compatible with CLIXPIN’s
Policies.
Any information you receive from
buyers resulting from transactions conducted through CLIXPIN may only be used for CLIXPIN-related
communications or transactions. You may not use this information for
unsolicited commercial messages, unauthorized transactions, or transactions
through third parties and outside CLIXPIN’s
platform. You may not add any buyers to other email or physical mailing lists
except with the buyer’s consent. If you disclose personal information without
the buyer’s proper consent, you are responsible for that unauthorized
disclosure.
7.
Notice for Claims of Intellectual Property Violations and Copyright
Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
CLIXPIN responds to
notices of alleged copyright infringement under the United States Digital
Millennium Copyright Act. If you believe
that your intellectual property rights have been infringed, please notify CLIXPIN and we will investigate.
8.
Release
If you have a dispute with one or more
users, you release us (and our affiliates and subsidiaries, and our and their
respective officers, directors, employees, and agents) from claims, demands,
and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. In entering
into this release, you expressly waive any protections (whether statutory or
otherwise) that would otherwise limit the coverage of this release to include
only those claims that you may know or suspect to exist in your favor at the
time of agreeing to this release.
9.
Indemnity
You will indemnify and hold us
(including our affiliates and subsidiaries, as well as our and their respective
officers, directors, employees, and agents) harmless from any claim or demand,
including reasonable legal fees, made by any third party due to or arising out
of your breach of this Seller Policy, your improper use of our Services or your
breach of any law or the rights of a third party.
10.
Legal Disputes
Seller and Clixpin agree that any claim or dispute at law or equity that has arisen, or may arise,
between you and Clixpin(or any
related third parties) that relates in any way to or arises out of this or
previous versions of this User Agreement, your use of or access to the
Services, the actions of Clixpin or its agents, or any products or services
sold or purchased through the Services, will be resolved in accordance with the
following:
(a)
Jurisdiction
You agree that except to the extent
inconsistent with or preempted by federal law, the laws of the Commonwealth of
Puerto Rico, without regard to principles of conflict of laws, will govern this
Policy and any claim or dispute that has arisen or may arise between you and Clixpin.
(b)
Agreement to Arbitrate
You and Clixpin each agree that any and all disputes or claims that have arisen or may arise,
between you and Clixpin (or any
related third parties) that relate in any way to or arise out of this or
previous versions of the Seller Policy, your use of or access to our Services,
the actions of Clixpin or its agents,
or any products or services sold, offered, or purchased through our Services
shall be resolved exclusively through final and binding arbitration, rather
than in court.