This Vendor Terms and Conditions (“Agreement”) is entered into as of the Effective Date (as defined below), by and between:
- CultuMart LLC (“CultuMart”), a company registered and operating in the United States, which provides an online marketplace for international products (“Platform”), and
- The Vendor (“Vendor”), an individual or business entity that wishes to list and sell its products on CultuMart’s online marketplace.
Together, CultuMart and the Vendor may be referred to as the “Parties.”
1. DEFINITIONS
1.1. “Effective Date” – The date the Vendor agrees to this Agreement electronically or in writing.
1.2. “Platform” – The CultuMart online marketplace located at www.cultumart.com.
1.3. “Products” – Goods listed and sold by the Vendor on the CultuMart Platform.
1.4. “Customer” – A person or entity that purchases Vendor’s Products through the Platform.
1.5. “Commission Fee” – The percentage of sales revenue earned by CultuMart for facilitating each sale, set at 10% per transaction.
1.6. “Transaction Amount” – The total payment received from a Customer for a sale before any deductions.
2. SCOPE OF AGREEMENT
2.1. Listing of Products: Vendor is permitted to list, market, and sell Products on the CultuMart Platform, subject to compliance with CultuMart’s policies.
2.2. Independent Contractor Relationship: This Agreement does not create an employment, partnership, or agency relationship between CultuMart and Vendor. Vendor operates as an independent seller.
2.3. Right to Accept or Reject Listings: CultuMart reserves the right to approve or reject any Product listing at its sole discretion.
3. COMMISSION AND FEES
3.1. Commission Structure: CultuMart shall earn a commission of 10% on the Transaction Amount for each successful sale made by the Vendor through the Platform.
3.2. Payment Processing:
- The Customer’s payment will be processed through CultuMart’s designated payment gateway.
- The Vendor will receive 90% of the Transaction Amount after deduction of the 10% commission.
3.3. Payout Schedule: - Vendor payouts will be processed within 7 business days after order fulfillment and confirmation of successful delivery.
3.4. Refunds and Chargebacks: - If a Customer requests a refund, the Vendor shall be responsible for issuing the refund, and CultuMart’s 10% commission will not be refunded.
- In the event of a chargeback, CultuMart reserves the right to deduct the disputed amount from the Vendor’s next payout.
4. VENDOR RESPONSIBILITIES
4.1. Product Quality and Authenticity: Vendor must ensure that all listed Products are authentic, accurately described, and comply with all relevant laws and regulations.
4.2. Order Fulfillment & Shipping: Vendor is responsible for processing and shipping orders within the timeframes specified in their listings.
4.3. Customer Service: Vendor must provide reasonable customer support, including responding to inquiries, handling returns, and addressing disputes.
4.4. Compliance with Laws: Vendor must comply with all applicable laws, including but not limited to consumer protection, data privacy, and tax regulations.
4.5. Pricing: Vendor shall have sole discretion over pricing but agrees not to engage in deceptive or unfair pricing practices.
5. CULTUMART RIGHTS & RESPONSIBILITIES
5.1. Platform Maintenance: CultuMart will maintain the Platform and provide technical support to ensure a seamless shopping experience.
5.2. Marketing & Promotion: CultuMart may market and promote Vendor’s Products but is not obligated to do so.
5.3. Suspension & Termination: CultuMart reserves the right to suspend or terminate Vendor’s account for violations of this Agreement or Platform policies.
6. TAXES & LEGAL COMPLIANCE
6.1. Vendor’s Responsibility: Vendor is responsible for collecting, reporting, and remitting any applicable sales tax, VAT, or other taxes required by law.
6.2. CultuMart’s Role: CultuMart does not collect or remit taxes on behalf of Vendors unless required by law.
7. INTELLECTUAL PROPERTY
7.1. Vendor’s Rights: Vendor retains ownership of all trademarks, branding, and intellectual property associated with its Products.
7.2. CultuMart’s Rights: Vendor grants CultuMart a non-exclusive, royalty-free license to use Vendor’s Product images, descriptions, and trademarks for promotional and marketing purposes.
8. DISPUTE RESOLUTION
8.1. Negotiation: The Parties agree to first attempt to resolve any disputes through good-faith negotiations.
8.2. Arbitration: If a dispute cannot be resolved within 30 days, the matter shall be settled through binding arbitration in accordance with U.S. laws.
9. TERMINATION
9.1. By Vendor: Vendor may terminate this Agreement by providing 14 days’ written notice.
9.2. By CultuMart: CultuMart may terminate this Agreement at any time if the Vendor violates any terms of this Agreement.
9.3. Effect of Termination: Upon termination, the Vendor’s listings will be removed, and any pending payments will be processed as per the payout schedule.
10. GENERAL PROVISIONS
10.1. Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements.
10.2. Modifications: CultuMart reserves the right to amend this Agreement, with notice provided to the Vendor. Continued use of the Platform constitutes acceptance of any modifications.
10.3. Governing Law: This Agreement shall be governed by the laws of the State of Maryland, USA.
10.4. Force Majeure: Neither Party shall be liable for delays or failures due to circumstances beyond their control, including natural disasters, strikes, or cyberattacks.
10.5. Severability: If any provision is deemed invalid, the remaining provisions shall remain in full force.
BY CLICKING “AGREE” OR CONTINUING TO SELL ON CULTUMART, THE VENDOR ACKNOWLEDGES THEY HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS AGREEMENT.
Signed:
CultuMart LLC
By: CEO
Date: February 3rd, 2025