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Michongo Vendor Terms & Conditions

1 Scope 

  1. Michongo (“Michongo”) owns and operates a platform in Tanzania that allows vendors to sell their products to the public over the internet. This platform is currently provided on the website www.Michongo.co.tz also provided on Mobile App.
  2. The vendor will have the opportunity to sell their products on the Michongo platform. Michongo is entitled to accept purchases on behalf of the seller. The service provided by Michongo is limited to referring customers to the vendor and accepting orders and payments on their behalf. In addition to this at Michongo's discretion they may provide the vendor with analytics about the performance of the vendors's products and additional marketing support. This support may be reflective of the agreed level of commission.
  3. The vendor authorises Michongo to accept binding orders from customers on their behalf.
  4. Michongo may carry out changes to the website or service, or suspend the service, without notice.

 

2 Michongo's rights and obligations 

  1. The vendor acknowledges that the relationship between customers and Michongo is governed by the privacy policy and the general terms and conditions, both available on the website.
  2. Michongo will present on the website the products listed by the seller. The vendor will be responsible for listing their own products.
  3. Michongo is authorised to accept binding sales on behalf of the vendor and will be careful to pass order data on to the vendor as well as technology allows.
  4.  In order to maintain its reputation for quality and high standard of service, Michongo reserves the right to terminate the relationship with the vendor if the vendor repeatedly receives bad reviews or complaints, or fails to comply with our recommendations.

 

3 vendor's rights and obligations 

  1. The vendor is obliged to provide all the information necessary when listing a product on Michongo. This should include but is not limited to, a detailed title and sub-title, price, quantity, picture and description. The vendor must never knowingly deceive a potential customer by misrepresenting their product/s. The vendor must notify Michongo of any changes to the detail of their listings while uploaded on the site.
  2. The vendor guarantees that information listed on Michongo relating to his products satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.
  3. The vendor will be responsible for keeping an up-to-date inventory of all their products listed on Michongo.
  4. The vendor guarantees that the information provided by him does not violate any third party's copyright.
  5. The vendor will contact the customers no more than is necessary for processing the transactions referred by Michongo. In particular, the vendor will not send any advertising email or other commercial advertisements to the customer without prior agreement from Michongo or the expressed wish of the customer. When delivering products sold via Michongo, the vendor will not advertise any of Michongo's competitors.
  6. The vendor will process orders and arrange delivery with all reasonable care the moment receipt of confirmation of sale is received through the Michongo site via email and/or text message. The delivery options and time indicated on their listing is binding, orders should be fulfilled within 1 working day. The vendor is required to keep his advertised products and services available to the best of his ability. Repeated stock-outs will result in the removal of the vendor and all their products from the Michongo platform.
  7. If the vendor cannot fulfill an order submitted to him, he must notify Michongo as soon as possible, and within 1 day of receiving the order at the latest.
  8. The vendor agrees to adhere to his range of products and prices as provided to Michongo and as described on their listing on the website. The vendor guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform. The vendor further guarantees to take great care to keep up-to- date his range of products, stock count, prices and associated terms and conditions, like delivery fees.
  9. The vendor representative is to provide Michongo with a copy of his/her valid Identity Card at the contract signature.
  10. The vendor is to provide legal document which are Licences, TIN and Machinga ID and any legal document required to operate within United Republic of Tanzania.
  11. Vendor is responsible to process all returns within 3 days, failure to do that, Michongo will auto confirm an order and no payment shall be paid to the vendor

 

4 Commission 

  1. The vendor agrees to pay Michongo a fixed percentage commission on the gross revenue from their sales made through the Michongo platform. Depending on the peices it may be appropriate to agree different commission percentages for certain items or product categories.
  2. Michongo may start charging additional fees for the sale of goods through the Michongo platform at any point. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees. In the event of the introduction of further fees, the vendor will be notified prior to their commencement in writing and they will have the option to opt out.
  3. Michongo reserves the right to adjust the percentage commission, providing suitable notice is served in advance to the vendor. Michongo will give the vendor adequate notice of any commission changes, in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.

 

5  Customer online payment 

  1. In case of electronic payment by the customer (e.g. by credit card, debit card, Mobile payment or Wireless online Transfer), Michongo collects the payment for the relevant order in Michongo's name on behalf of the vendor, and pays it out to the vendor according to the invoicing agreement through Mi Wallet.
  2. The vendor will keep receipts of deliveries to customers for at least 13 months and make those available on request. 
  3. The vendor bears the risk of abuse of the payment medium (e.g. of mobile payment fraud, credit card or debit card fraud). If a fraudulent payment has been credited to the vendor, Michongo reserves the right to deduct the mentioned amount from Mi Wallet to offset this payment.

 

6 Invoicing and vendor payment 

  1. Michongo's invoices may be delivered by email, online, fax, post or in person. They include Michongo's claims on the vendor, commission, and, if applicable, other fees as stated in §4 (2).
  2. Michongo Payment Wallet (Mi Wallet) is a platform which vendor will use to tranck transactions, withdrawals and any financial records. 
  3. After withdrawal request from vendor, vendor will be paid.
  4. Payments would be made by bank Mobile money, transfer or cross cheque.

 

7 Liability 

  1. The vendor indemnifies Michongo from all claims arising in relation to matters outside Michongo's control, including but not limited to the quality of goods and services provided by the seller. The vendor further indemnifies Michongo from third parties' claims resulting from any violation of laws and regulations by the seller.
  2. (Michongo cannot guarantee that its service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.
  3. VAT liability rests with the vendor and Michongo will not be responsible for any VAT issues.
  4. Vendor is liable to issue EFD receipt of same value in Michongo.
  5. Vendor is liable to pay delivery cost for return products if was the vendor who made mistake to process order or made any fault in order.

 

8 Privacy 

Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.

 

9 Licence 

  1. Michongo has the right to freely maintain the vendor's listing and its ranking on the website. Michongo offers customers the opportunity to give ratings and reviews of the vendor's goods and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. Michongo reserves the right to delete ratings and reviews.
  2. Michongo may scan, transcribe, and publish online the vendor's listings, logos and other materials required. The vendor grants to Michongo a royalty- free, perpetual, unrestricted licence to use and distribute any materials provided by him, for the purpose of advertising Michongo's service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.

 

10 Terms and termination 

  1. This agreement is valid as soon as the vendor signs the contract, or fulfils an order referred by Michongo, and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause remains unaffected.
  2. The right to immediate termination in particular covers the case where the vendor repeatedly receives negative ratings and reviews on the website, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the vendor's items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.

 

11 General 

  1. If a single clause in this agreement is invalid, both parties will endeavor to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
  2. Michongo reserves the right to modify his general terms and conditions without giving any justification. In that case, Michongo will give the vendor adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.
  3. The changed terms and conditions are considered agreed by the vendor if he does not object to them in writing within 2 weeks of receiving notice of the changes.
  4. Any terms and conditions of the vendor are not part of this agreement unless Michongo expressly agrees to adhere to them in writing.

 

Last Updated: Tuesday october 1, 2019

Contact us

  • Telephone: +255738678404
  • E-mail: info@michongo.co.tz
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