These terms and conditions (the “Terms and Conditions”) govern the use of the TOQQA Cross Trade Marketplace (the “Marketplace”). This Marketplace is owned and operated by TOQQA Pakistan (Pvt) Ltd. This Marketplace is an ecommerce marketplace .
By using this Marketplace, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN CLAUSES THAT IMPACTS YOUR RIGHTS ABOUT HOW TO USE THIS MARKETPLACE. PLEASE READ THEM CAREFULLY.
Acceptable Use
To maintain a safe, respectful, and fair environment for all users of the Marketplace, it’s crucial to establish clear guidelines regarding unacceptable use.
- Creating Multiple Accounts for Abusive Purposes: Customers are prohibited from creating multiple accounts to circumvent purchase limits, exploit promotional offers, manipulate reviews, or engage in any form of deceptive behavior.
- Sale of Prohibited Items: Refer to Sale of Prohibited Items Policy in this document
- Fraudulent Activities: Engaging in any form of fraud, and/or acting in any way that could be considered fraudulent including but not limited to, using stolen credit cards, chargeback abuse, refund fraud and participating in phishing or scamming activities, activities such as placing fake orders, placing and then canceling fake orders, making fake reviews, creating fake discounts or vouchers.
- Misuse of Coupons and Promotional Codes: Using coupons and promotional codes in a manner that violates their terms, such as applying them to unauthorized products, combining them in ways not permitted, or selling or transferring them to other users.
- Posting Inaccurate or Manipulative Reviews: Submitting false reviews, attempting to undermine the integrity of the review system by posting biased reviews in exchange for compensation, or attempting to harm a seller’s reputation without cause.
- Unauthorized Resale of Products or Services: Purchasing products or services from the Marketplace with the intention of reselling them without authorization, especially when such actions violate the marketplace’s terms of service or the seller’s distribution policies.
- Harassment or Disrespectful Behavior: Engaging in harassment, mistreatment, bullying, or any form of disrespectful behavior towards other customers, sellers, or marketplace staff. This includes using offensive language, making threats, or sending unsolicited messages, posting any material that may be deemed inappropriate or offensive
- Intellectual Property Violations:
- Violation of the intellectual property rights of the Marketplace owners or any third party to the Marketplace including using the Marketplace to sell, distribute, or promote items that infringe on intellectual property rights, including counterfeit goods, pirated , or unauthorized use of trademarks.
- Marketplace Sellers: If you believe that your intellectual property rights (including trademarks, copyright) have been used in a way that gives rise to concerns of infringement, please write to us at [email protected] and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
- Manipulating the marketplace ‘s Systems: Attempting to manipulate search rankings, sales data, or any other marketplace systems to gain unfair advantages. This includes the use of bots, scripts, or other automated methods to simulate activity or exploit marketplace features. It also includes hacking or any attempt to hack into the account of another user of the Marketplace and the transmission or attempted transmission of computer viruses
- Violating Prohibited Items Policies: Listing or attempting to purchase items that are explicitly prohibited by the marketplace’s policies, such as illegal substances, dangerous goods, stolen property, and items subject to export restrictions.
- Non-Compliance with Return and Exchange Policies: Abusing the marketplace’s return and exchange policies by returning items in a condition that violates the terms of the policy, such as damaged, used, or incomplete returns.
If we believe you are using the Marketplace illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to the Marketplace. We also reserve the right to take any legal steps necessary to prevent you from accessing our Marketplace.
Accounts
When you create an account on our Marketplace, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Marketplace illegally or if you violate these Terms and Conditions.
Age Restrictions
The minimum age to use our Marketplace is 18 years old. By using this Marketplace, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Applicable Law
These terms and conditions shall be governed by the Islamic Republic of Pakistan laws, without regard to its conflict of law provisions.
Amendments
Our Marketplace is committed to providing a dynamic and responsive marketplace that meets the needs of our users while adapting to the changing online marketplace landscape. To achieve this, we may occasionally need to amend our terms and conditions or alter the services we offer. The following guidelines and policies outline how these amendments or alterations will be managed to ensure transparency and fairness to all users.
Policy on Amendments to Conditions
- Notification of Amendments: We will notify our users of any amendments to our terms and conditions or user agreements through email notifications, announcements on Our marketplace, or both. We aim to provide users with reasonable notice before any significant changes take effect.
- Effective Date: The notification will specify the effective date of the amendments. We encourage users to review any amendments thoroughly to understand their implications.
- Review Period: When feasible, the Marketplace will offer a review period between the notification and the effective date, allowing users to assess and adapt to the changes.
- Acceptance of Amendments: Continued use of the Marketplace after the effective date of any amendments will constitute acceptance of the changes by the user. If a user disagrees with the amendments, they should cease using the marketplace and close their account before the changes take effect.
- Archiving of Previous Terms: For transparency, previous versions of our terms and conditions will be archived and made available upon request. Users can compare changes and understand the evolution of Our marketplace policies.
Policy on Alterations of Service
- Notification of Service Alterations: Any alterations to the services offered by the Marketplace, including introduction of new services, discontinuation of existing services, or significant changes to service features, will be communicated to users through Our marketplace, email, or both.
- User Feedback: We value user feedback on our services and any proposed alterations. Where possible, we will engage with our user community to gather input before implementing significant changes.
- Transition Support: In the case of discontinuation or significant alteration of a service, the Marketplace will provide guidance and support to affected users, helping them transition with minimal disruption.
- Refund and Compensation Policy: If a service alteration negatively impacts a user’s ability to conduct business on Our marketplace, we will review cases on an individual basis to determine appropriate refunds or compensation according to our existing policies.
General Provisions
- Legal Compliance: All amendments and alterations will be made in compliance with applicable laws and regulations. We will ensure that our policies remain lawful and fair to all parties involved.
- Constructive Feedback: Users are encouraged to provide constructive feedback on any amendments or alterations to our services. The Marketplace is committed to continuous improvement and values the insights of our community.
- Resolution of Disputes: Disputes arising from amendments or alterations to services will be handled through our established dispute resolution process, ensuring fair treatment for all parties. See more on dispute resolutions in the Dispute Resolution tab.
Conditions of Sale
By participating in transactions within this marketplace, both buyers and sellers agree to adhere to these conditions, contributing to a positive and trustworthy marketplace for all participants
For Sellers:
- Business Registration: Sellers must operate a legally registered business by any regulatory body like FBR or SECP, to continue to use the Marketplace. Within three (3) months of registering to use the Marketplace, sellers must upload on to the Marketplace proof of business registration. Sellers who do not comply will be suspended for up to three (3) months, and then removed if the proof of registration is not uploaded in the three month timeframe.
- Product Listings and Descriptions: Sellers must ensure that all product listings are accurate, complete, and not misleading. This includes clear, truthful descriptions and visuals of the product, including any defects or variations.
- Pricing: All products must be priced fairly and transparently. Sellers are responsible for including any additional fees or charges in the product price, such as taxes or shipping costs, as per the marketplace’s pricing guidelines.
- Order Fulfillment: Sellers commit to processing and shipping orders within the timeframe stated on their listings. Any delays or issues must be communicated to the buyer promptly.
- Logistics Services: Sellers commit to only using the logistics services provided in the Marketplace and will not ship, post or deliver through different channels. Non-compliance will result in suspension or termination.
- Packaging: Sellers commit to mandatory use of the product packaging supplied by the Marketplace. See the tab on Mandatory Use of Bespoke E-commerce Marketplace Packaging Supplies for more information.
- Returns and Refunds: Sellers must adhere to the Marketplace’s return and refund policy, which requires honoring legitimate return requests under conditions such as item not as described, damaged items, or shipping errors.
- Customer Service: Sellers are expected to provide courteous and professional customer service. This includes responding to buyer inquiries, concerns, and disputes in a timely and constructive manner.
- Compliance: Sellers must comply with all applicable laws, regulations, and the Marketplace’s policies regarding the sale of goods and services on the marketplace .
For Buyers:
- Order Placement: Buyers agree to read the full item listing before making a purchase, understanding the product description, seller’s return policy, and shipping terms.
- Payment: Buyers commit to submitting payment for purchased items using the approved payment methods on the Marketplace. Payment should be made promptly to avoid delays in order processing.
- Communication: Buyers should communicate respectfully and constructively with sellers regarding any questions, concerns, or disputes. All communications should occur through the marketplace ‘s designated channels.
- Returns and Refunds: Buyers must follow the Marketplace’s return policy when seeking a return or refund. This includes returning the item in its original condition and adhering to the specified return timeframe.
- Cancellation: Buyers will have 15 minutes post the placement of the order to cancel the order. After 15 minutes, the order cannot be amended and will be delivered as ordered
- Feedback: Buyers are encouraged to leave honest, fair, and factual feedback about their experience. Feedback should not be used to manipulate seller ratings or as leverage in a dispute.
- Compliance: Buyers must comply with all applicable laws and regulations related to purchasing goods and services on the marketplace .
General Policies:
- Dispute Resolution: Our Marketplace offers a dispute resolution process to handle disagreements between buyers and sellers. Both parties are encouraged to use this process to resolve disputes amicably. See the Dispute Resolution process in the tab Dispute Resolution.
- Accountability: Both buyers and sellers are accountable for their actions on the marketplace . Violations of these Conditions of Sale Policies may result in account suspension, termination, or other disciplinary actions.
- Updates to Policies: We reserve the right to update these policies at any time to reflect changes in the marketplace environment, legal requirements, or operational needs. Users will be notified of significant changes.
Consumer Protection Law
Consumer protection in Pakistan is primarily governed by the Consumer Protection Laws enacted by various provinces and the federal government. These laws aim to safeguard consumers against unfair and fraudulent business practices, ensuring their rights are protected. While there isn’t a single, comprehensive national consumer protection law, the key legislative frameworks include:
- The Consumer Protection Act (CPA): Various provinces in Pakistan have their own versions of the CPA, which provide a legal framework for the protection of consumer rights. These acts typically include provisions for the establishment of consumer courts, the filing of complaints regarding goods and services, and the awarding of compensation to consumers. For example:
- Punjab Consumer Protection Act 2005
- Sindh Consumer Protection Act 2014
- Khyber Pakhtunkhwa Consumer Protection Act 1997
- Balochistan Consumer Protection Act 2003
- The Competition Act, 2010: This act, applicable nationwide, aims to provide a legal framework for promoting competition and protecting consumers from anti-competitive practices. It establishes the Competition Commission of Pakistan, which is tasked with ensuring that businesses do not engage in activities that negatively affect competition, such as price fixing, market allocation, and abuse of dominant position.
- Electronic Transactions Ordinance, 2002: This ordinance provides legal recognition to electronic documents, records, and transactions, which is crucial for e-commerce and online consumer protection. It aims to facilitate electronic commerce and electronic filing in government agencies, providing a level of security and trust in online transactions.
- The Trade Organizations Act, 2013: While not specifically a consumer protection law, this act regulates trade organizations and chambers of commerce, indirectly affecting consumer protection by promoting ethical business practices and standards.
- The Cyber Crime Act (Prevention of Electronic Crimes Act, 2016): This act is particularly relevant in the digital age, as it addresses crimes committed via the internet and other electronic means. It includes provisions that protect consumers from online fraud, identity theft, and breach of privacy.
- The Sale of Goods Act, 1930: This act outlines the rights and obligations of buyers and sellers in transactions involving the sale of goods. It includes provisions on the transfer of property in goods, warranties, and conditions regarding the quality and fitness of goods for a particular purpose.
- The Drugs Act, 1976: This act provides for the regulation and control of the import, export, manufacture, storage, distribution, and sale of drugs, ensuring that consumers have access to safe and effective medicines.
Consumers who believe their rights have been violated can file complaints with consumer courts or the Competition Commission, depending on the nature of the issue. It’s important for consumers in Pakistan to be aware of these laws and the protections they offer.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(021) 3582 6288
[email protected]
Dolmen Executive Towers, Level 7 Clifton Block 4, Karachi, Pakistan 75600
You can also contact us through the feedback form available on our Marketplace.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and TOQQA Pakistan (Pvt) Ltd are unable to resolve any dispute through informal discussion, then you and TOQQA Pakistan (Pvt) Ltd agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and TOQQA Pakistan (Pvt) Ltd.
Buyers and sellers on the Marketplace must first attempt to resolve disputes directly with each other.. TOQQA will not be responsible for disputes between buyers and sellers where the dispute resolution process has not been pursued prior to escalating unresolved disputes to TOQQA
Environment, Social and Governance (ESG) and Sustainability
We recognize the importance of sustainability and are committed to integrating Environmental, Social, and Governance (ESG) principles into our operations and community. These guidelines and policies outline our approach to promoting sustainable practices among our sellers, buyers, and wider ecosystem, reflecting our dedication to a better, more sustainable future.
Environmental Policies
- Eco-friendly Packaging: Sellers are encouraged to use sustainable, recyclable, or biodegradable packaging materials for shipping products. Our marketplace aims to partner with suppliers offering eco-friendly packaging solutions at discounted rates to our community.
- Carbon Footprint Reduction: We are committed to minimizing our carbon footprint by optimizing logistics and encouraging the use of carbon-neutral shipping options.Our logistics providers are gradually increasing their use of carbon-reducing vehicles and will continue to do this over time. Sellers and logistics partners are urged to participate in carbon offset programs relevant to their business.
- Waste Reduction: Both sellers and buyers are encouraged to minimize waste by reducing single-use plastics and unnecessary packaging. Our marketplace will regularly feature tips and strategies for waste reduction.
- Sustainable Products: We promote the listing and sale of sustainable, eco-friendly, and ethically sourced products. Our marketplace may offer special recognition or visibility to certified sustainable goods.
Social Policies
- Fair Labor Practices: Sellers are expected to adhere to fair labor practices, ensuring that all products are produced under conditions that respect worker rights and dignity. Our marketplace will conduct periodic reviews and may request certifications or proof of ethical labor practices.
- Community Engagement: The Marketplace is committed to giving back to the community through partnerships with non-profit organizations, volunteer opportunities, and social initiatives. We encourage our users to participate in these efforts.
- Diversity and Inclusion: We advocate for diversity and inclusion within our marketplace community, ensuring equal opportunities for all sellers, buyers, and employees regardless of their background.
Governance Policies
- Transparency: The Marketplace commits to transparency in its operations, including clear communication of policies, procedures, and governance practices. We will publish annual sustainability and ESG reports detailing our progress and initiatives.
- Data Privacy and Security: Protecting the privacy and security of our users’ data is paramount. We adhere to strict data protection policies, complying with all applicable laws and regulations.
- Ethical Conduct: We expect all users, including sellers, buyers, and our employees, to conduct themselves ethically and responsibly on Our marketplace. This includes adhering to our policies, respecting the rights of others, and engaging in honest transactions.
Implementation and Monitoring
- ESG Committee: The Marketplace will have in place a business operations team responsible for overseeing the implementation of these guidelines and policies, evaluating their effectiveness, and recommending improvements and reporting to the Board.
- Training and Awareness: We will provide via the Marketplace resources, training tips and support to our community to foster understanding and implementation of sustainable and ethical practices.
- Performance Evaluation: Our ESG performance will be evaluated regularly, taking into account feedback from our users, industry best practices, and evolving global standards.
Force Majeure Guidelines and Policies (ie Events Beyond Our Control)
We strive to provide a reliable and efficient marketplace for buyers and sellers to conduct transactions. However, certain situations or events beyond our control can impact our operations and the transactions on our marketplace. This document outlines our guidelines and policies regarding such events, ensuring clarity and preparedness for our community.
Definition of Events Beyond Our Control
Events beyond our control, also known as “Force Majeure” events, include but are not limited to natural disasters (earthquakes, floods, hurricanes), war, terrorism, strikes, pandemics, government actions, or any other circumstances beyond the reasonable control of our Marketplace that prevent the normal operation of our Marketplace.
Guidelines and Policies
- Communication: In the event of a Force Majeure, our Marketplace will promptly communicate with all users via email, marketplace notifications, or through our official social media channels about the situation, expected impacts, and any necessary adjustments to our operations.
- Transaction Delays or Cancellations:
- Sellers: Sellers impacted by Force Majeure events are required to notify [Your E-commerce Marketplace Name] and the affected buyers about any delays or inability to fulfill orders as soon as possible.
- Buyers: Buyers are asked to be understanding and patient during these events, as delays are inevitable. Buyers may cancel orders if not shipped, subject to our standard cancellation policies, adjusted as necessary to accommodate the circumstances.
- Shipping and Delivery: During Force Majeure events, shipping and delivery timelines may be extended. Our Marketplace will work with our shipping partners to provide updated estimates and strive to minimize disruptions.
- Customer Service: Our customer service team will be available to address concerns and provide support, but response times may be longer than usual. We appreciate your patience and understanding.
- Refunds and Returns: The Marketplace will adjust our refund and return policies as necessary to reflect the challenges posed by the Force Majeure event, ensuring fairness to both buyers and sellers.
- Performance Expectations: The Marketplace recognizes that Force Majeure events may impact sellers’ and buyers’ ability to meet usual performance expectations. We will take such events into consideration in our performance reviews and ratings during and after the event.
- Resumption of Normal Operations: Once the Force Majeure event has subsided, the Marketplace will communicate the resumption of normal operations and provide guidance on addressing any outstanding transactions impacted by the event.
- Indemnification: Users shall not hold [the Marketplace liable for any failure or delay in performing its obligations where such failure or delay is due to Force Majeure events.
Policy Updates
Our Marketplace reserves the right to update these guidelines and policies to better respond to specific Force Majeure events or to reflect changes in our operational capabilities. By participating in our Marketplace, users agree to abide by these guidelines and policies for events beyond our control. Our commitment is to maintain transparency, fairness, and support for our community during such events, working together to navigate challenges and minimize impacts on our marketplace operations.
Indemnity
Except where prohibited by law, by using this Marketplace you indemnify and hold harmless TOQQA Pakistan (Pvt) Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Marketplace or your violation of these Terms and Conditions, or your violation of any law or the rights of a third party.
Intellectual Property
All content published and made available on our Marketplace is the property of TOQQA Global Pty Ltd and the Marketplace’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Marketplace.
Limitation of Liability for Losses
Despite our efforts to ensure a smooth and satisfactory experience for all parties, there are circumstances where losses may occur that are beyond our control. The following guidelines and policies outline our stance on the limitation of liability for such losses.
Scope of Liability
- Transaction Risks: Users acknowledge that engaging in transactions on the Marketplace involves certain risks. While we facilitate transactions between buyers and sellers, we do not assume liability for losses arising from the actions or omissions of users, including but not limited to, non-delivery, delivery of wrong or defective items, fraud, misrepresentation, or personal injury resulting from the use of sold items.
- Content Accuracy: We do not guarantee the accuracy, completeness, or usefulness of any information on the marketplace provided by users or third parties and will not be liable for any loss or damage resulting from reliance on such information.
- Service Interruptions: The Marketplace does not guarantee uninterrupted or error-free access to Our marketplace and will not be liable for any losses resulting from service interruptions or technical failures.
- Data Loss: While we implement robust data protection measures, the Marketplace is not liable for any loss of data or content uploaded to Our marketplace due to unforeseen circumstances such as cyber-attacks or technical malfunctions.
User Responsibilities
- Due Diligence: Users are responsible for conducting their own due diligence before engaging in transactions. This includes verifying the identity and trustworthiness of trading partners and the quality and legality of items or services.
- Risk Mitigation: Users should take appropriate measures to mitigate risks, such as using our secure payment methods, maintaining confidential account information, and using the marketplace ’s dispute resolution service to address issues.
- Insurance: Sellers are encouraged to consider obtaining insurance coverage for their items, especially for high-value transactions, to protect against potential losses.
Limitation of Liability
Notwithstanding any other provision in the terms of service or these guidelines, in no event shall TOQQA Global Pty Ltd, TOQQA Pakistan (Pvt) Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Marketplace. The Marketplace, its affiliates, directors, employees, or agents be liable to any user or third party for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost sales or business, lost data, or business interruption, arising out of or in connection with the use of Our marketplace or services, regardless of whether we have been informed of the possibility of such damages.
Links to Other Marketplaces, Websites or Third Party Providers
Our Marketplace may in time contain links to third party websites, marketplaces or services providers that we do not own or control. We are not responsible for the content, policies, or practices of any third party marketplace, website or service linked to on our Marketplace. It is your responsibility to read the terms and conditions and privacy policies of these third party sites and services before using these Marketplaces, sites or services..
Mandatory Use of Bespoke E-commerce Marketplace Packaging Supplies
We are committed to maintaining a consistent and premium brand experience for our customers while also prioritizing sustainability and efficiency in our packaging solutions. To achieve this, we have introduced bespoke e-commerce marketplace packaging supplies, which all sellers are required to use for packaging their products sold through Our marketplace.
These guidelines and policies outline the requirements and procedures for purchasing and using our bespoke packaging supplies.
Mandatory Use of Bespoke Packaging Supplies
- Packaging Requirement: All items sold through the Marketplace must be shipped to customers using the official bespoke packaging supplies provided by our marketplace. This includes outer packaging, inner cushioning materials, and any other packaging components specified by us.
- Branding Consistency: The use of bespoke packaging supplies ensures that all products delivered to customers embody the marketplace’s brand identity, providing a uniform and high-quality unboxing experience.
Purchasing Bespoke Packaging Supplies
- Ordering Process: Sellers can purchase bespoke packaging supplies directly through their seller portal on the Marketplace. We offer a variety of sizes and types to accommodate different products.
- Pricing and Discounts: Packaging supplies are priced competitively, and we offer volume discounts to support our sellers. Pricing details and discount tiers are available in the seller portal.
- Sustainability Commitment: Our bespoke packaging supplies are designed with sustainability in mind, utilizing recyclable materials wherever possible. We encourage sellers to highlight this feature to their customers to promote environmental awareness.
Compliance and Enforcement
- Compliance Monitoring: The Marketplace will monitor shipments for compliance with our bespoke packaging policy. This may include random checks and reviewing customer feedback.
- Non-Compliance Penalties: Sellers found not using the mandatory bespoke packaging supplies may face penalties, including but not limited to warnings, temporary suspension of selling privileges, or permanent account termination for repeated offenses.
- Exemptions and Special Circumstances: We understand that certain items may require specialized packaging due to their size, shape, or fragility. Sellers can apply for an exemption by submitting a detailed request through the seller portal. Exemptions will be considered on a case-by-case basis.
Support and Resources
- Packaging Best Practices: You can access information on how to package goods sustainably and securely via publicly available tutorials in information. These resources are designed to help sellers minimize damage during transit and enhance the customer experience.
- Customer Feedback: Sellers are encouraged to gather and share feedback from their customers regarding the packaging. This feedback will be used to continuously improve our packaging solutions.
Payments
We accept the following payment methods on our Marketplace:
- Credit Card;
- Debit;
- Mobile Wallet;
- Cash on Delivery
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Pricing, Availability, and Order Processing
These guidelines are designed to ensure transparency, fairness, and efficiency in how prices are set, how product availability is managed, and how orders are processed on Our marketplace. By adhering to these guidelines, sellers contribute to a trustworthy shopping environment and buyers enjoy a seamless shopping experience. Refer to our Fees and Charges page for more information on specific costs of operating on the Marketplace/
Pricing Guidelines
- Fair Pricing Policy: Sellers are expected to set fair and competitive prices for their products. Pricing should reflect the genuine value of the item, taking into account factors such as market demand, product condition, and comparative retail prices.
- Price Accuracy: Sellers must ensure that all pricing information is accurate and up-to-date. Any changes to the price of an item must be updated on the marketplace immediately.
- No Price Gouging: Sellers are prohibited from price gouging, which involves setting prices significantly higher than what is considered fair or reasonable, especially in response to high demand or limited supply situations.
- Transparent Pricing: All prices must be clearly displayed and include all additional charges such as taxes, shipping, and handling fees. Any potential extra costs must be communicated to buyers before purchase.
Availability Guidelines
- Accurate Stock Levels: Sellers must accurately represent the availability of their products on the marketplace . If an item is out of stock, it should be clearly marked as such or removed from the marketplace until it is available again.
- Timely Updates: Sellers are responsible for promptly updating their product listings to reflect changes in availability. This includes adding new stock or removing listings for products that are no longer available.
- Managing Backorders: If sellers allow backorders for out-of-stock items, they must clearly communicate expected restock dates and potential delays to buyers.
Order Processing Guidelines
- Order Confirmation: Sellers must confirm receipt of orders to buyers within [insert time frame, e.g., 24 hours] of purchase through the marketplace ‘s messaging system or email.
- Processing Time: Sellers should clearly state the expected processing time for orders, including the time required to prepare, pack, and dispatch items. Sellers must strive to meet these timelines to ensure timely delivery.
- Shipping and Handling: Sellers are responsible for properly packaging items for shipping to prevent damage during transit. They must use reliable shipping methods with tracking capabilities and share tracking information with buyers.
- Communication: Sellers must maintain open and proactive communication with buyers throughout the order processing and shipping stages. This includes notifying buyers of any delays or issues as soon as possible.
- Cancellation and Changes: Sellers must clearly outline their policies regarding order cancellations and changes. This includes any deadlines for making changes to an order and the process for requesting cancellations.
Compliance and Enforcement
- Monitoring: TOQQA will monitor compliance with these guidelines. Sellers found to be in violation may face penalties, including listing removal, account suspension, or termination.
- Dispute Resolution: Sellers and buyers are encouraged to use the marketplace ‘s dispute resolution process to address any issues related to pricing, availability, or order processing.
- Feedback and Reporting: Buyers are encouraged to provide feedback on their purchasing experiences. Any concerns about pricing, availability, or order processing should be reported to [Your E-commerce Marketplace Name]’s customer service team.
Contact Information
For questions or concerns regarding these guidelines, please contact our customer support team at [insert contact information].By following these guidelines, sellers and buyers contribute to a fair, transparent, and efficient marketplace that benefits the entire Marketplace ecosystem and community.
Prohibition of Reselling Products Outside the marketplace
To maintain the integrity and trust within our community, we strictly prohibit the unauthorized reselling of products purchased from Our marketplace outside of the Marketplace. The following guidelines and policies are established to clarify our stance on this matter and to outline the consequences of such actions.
Prohibition of Unauthorized Reselling
- Restriction on Reselling: Sellers and buyers are expressly prohibited from reselling any products purchased through the Marketplace on external marketplace s, physical stores, or any other sales channels outside of the Marketplace without explicit authorization.
- Intellectual Property Rights: Many products listed on the Marketplace are subject to intellectual property rights owned by sellers or third parties. Unauthorized reselling may infringe on these rights and could lead to legal action by rights holders.
- Quality Control: the Marketplace cannot ensure the quality, safety, or legality of products once they are sold outside of Our marketplace. Unauthorized reselling bypasses our quality control measures and poses risks to consumers.
Seller Authorization and Brand Partnerships
- Brand Partnerships: Sellers wishing to engage in the distribution of their products outside of the Marketplace] must obtain proper authorization, including entering into brand partnership agreements that explicitly allow for such activities.
- Application for Authorization: Sellers interested in obtaining authorization for external reselling must submit a formal request through the Marketplace’s seller portal, including detailed information about the intended sales channels and compliance with brand guidelines.
Enforcement and Consequences
- Monitoring and Investigation: The Marketplace reserves the right to monitor transactions and investigate reports of unauthorized reselling. This may include analyzing sales data, reviewing buyer and seller interactions, and collaborating with third-party rights holders.
- Penalties for Violation: Sellers or buyers found to be engaging in unauthorized reselling activities may face penalties, including but not limited to, account suspension, termination, forfeiture of earnings, and legal action.
- Reporting Unauthorized Reselling: Members of the the Marketplace community, including buyers, sellers, and rights holders, are encouraged to report any suspected unauthorized reselling activities through Our marketplace’s reporting system.
Legal and Regulatory Compliance
- Compliance with Laws: All users of the Marketplace must comply with all applicable laws and regulations regarding the sale and distribution of products. Unauthorized reselling may violate consumer protection laws, trademark laws, and other regulations.
- Indemnification: Users agree to indemnify and hold harmless the Marketplace and its affiliates against any losses, damages, or expenses arising from the violation of these guidelines and policies or any unauthorized reselling activities.
Refunds
Refunds for Goods
Refund requests must be made within 7 days after receipt of your goods.
We accept refund requests for goods sold on our Marketplace for any of the following reasons:
- Good is broken;
- Good does not match description;
- Good is the wrong size; or
- Good does not meet the purchaser’s expectations.
Refunds do not apply to the following goods:
- Fashion Custom made items, women’s intimate apparel and men’s innerwear cannot be returned;
- TVs, Audio & Cameras Movies and Music cannot be returned;
- Computing & Gaming All products that are labelled as non-returnable on their product detail pages;
- Home & Living Custom made items cannot be returned;
- Beauty & Health All items in this category, except for hair removal and other electronical items;
- Pet Supplies All items in this category;
- Digital Goods Digital goods are any goods which are stored, delivered and used in its electronic format. All items in this category are non-returnable once purchased and delivered; and
- Food All items in this category.
Returns
Returns can be made via TCS. To return a good, follow the following procedure:
Steps to Pack and Return an Item
If you need to return an item you purchased, follow these steps to ensure the return process is smooth and your item reaches the seller in good condition.
1. Review the Return Policy
Before initiating a return, review the seller’s return policy to confirm the item is eligible for return. Note the return window period, acceptable return conditions, and if a restocking fee applies.
2. Initiate the Return
Start the return process through the Marketplace or via our customer service team. This may involve logging into your account, selecting the item to return, and following the provided instructions.
- Pack the Item Carefully
Original Packaging: If possible, use the item’s original packaging. This includes the box, plastic covers, and any padding material like bubble wrap or foam inserts.
Secure the Item: Ensure the item is snugly fitted inside the box. Use additional padding materials if there’s extra space to prevent movement during transit.
a) Include All Parts: Return all parts, manuals, accessories, and free gifts that came with the item.
b) Seal the Package: Tape the package securely using strong packing tape. Make sure all openings and edges are sealed.
4. Include Required Documentation
Place any required documents inside the package. This may include the return authorization form, a copy of the packing slip, or a printed copy of the return label. Some sellers may ask you to affix the return label on the package’s exterior.
5. Label the Package
Return Label: If the seller provides a prepaid return label, print it out and attach it securely to the package’s exterior. Ensure it covers any old shipping labels to avoid confusion during shipping.
Write the RMA Number: If you were given an RMA number, write it prominently on the package’s exterior. Some sellers require this number to process returns efficiently.
6. Ship the Item
To our office address and we will cater it from there.
- Monitor Your Return
Keep an eye on the tracking information to ensure the package arrives at the seller. Once received, the seller will inspect the item and process your return based on their policy.
8. Follow Up If Necessary
If you don’t hear back from the seller within the expected timeframe, follow up with their customer service. Provide your return tracking number and any relevant order details to facilitate the inquiry.
By following these steps, you can help ensure your returned item arrives safely and your refund or exchange is processed promptly. Remember, communication with the seller is key to a smooth return process.
Representations and Warranties
Seller Representations and Warranties
- Authenticity: Sellers warrant that all items listed for sale on the Marketplace are authentic, genuine, and free from any counterfeit or stolen goods. Sellers must have the legal right to sell the items and the items must comply with all applicable laws and regulations.
- Condition and Description: Sellers represent and warrant that all descriptions, images, and details provided for their listings accurately and completely describe the item, including its condition, functionality, and any defects or limitations. Items must match the provided description upon delivery.
- Compliance with Laws: Sellers warrant that their listed items and their sale comply with all applicable local, state, national, and international laws, including but not limited to, those concerning consumer protection, intellectual property, and trade.
- Ownership and Rights: Sellers represent that they have clear ownership or are duly authorized to sell the items listed and that the sale of these items does not infringe on any third party’s intellectual property rights or other proprietary rights.
Buyer Representations and Warranties
- Intent: Buyers warrant that they intend to complete any transactions initiated and will fulfill their payment obligations in a timely manner according to the agreed-upon terms.
- Compliance with Purchase Terms: Buyers agree to abide by the terms of sale as specified by the seller, including payment, shipping, and returns policies, and acknowledge that failing to do so may result in cancellation of the purchase or other penalties.
General Policies
- Dispute Resolution: In the event of a dispute arising from a breach of representations and warranties, the Marketplace offers a dispute resolution process to address and resolve such issues fairly and efficiently, taking into consideration the representations and warranties made by both parties.
- Monitoring and Enforcement: The Marketplace reserves the right to monitor listings and transactions for compliance with these policies. Violations may result in listing removal, account suspension, termination, or other actions deemed necessary to maintain the integrity of the marketplace.
- Limitations of Liability: The Marketplace acts as a marketplace for independent buyers and sellers to conduct transactions. Except as explicitly provided through our policies, the Marketplace makes no representations or warranties of any kind, express or implied, regarding the items listed on Our marketplace or the content provided by users.
- Indemnification: Users agree to indemnify and hold harmless the Marketplace, its affiliates, officers, agents, and employees from any claim, demand, loss, damage, cost, or expense arising out of their breach of these representations and warranties.
- Modifications to Policies: The Marketplace reserves the right to modify these policies and guidelines at any time. Users will be notified of significant changes that affect their responsibilities or the marketplace ‘s operations.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Marketplace.
The following goods are available on our Marketplace:
- Apparel and Fashion
- Electronics
- Home and Garden
- Health and Beauty
- Books and Media
- Toys and Games
- Jewelry and Accessories
- Sports
- Art and Crafts
- Other
These Terms and Conditions apply to all the goods that are displayed on our Marketplace at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Marketplace at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Sale of Prohibited Items
We are committed to maintaining a safe, legal, and trustworthy environment for both buyers and sellers. To uphold these standards, we strictly prohibit the sale of certain items on Our marketplace. This document outlines our guidelines and policies regarding the sale of prohibited items, ensuring compliance with legal regulations and community standards.
List of Prohibited Items
The following categories of items are strictly prohibited from being listed or sold on [Your E-commerce Marketplace Name]. This list is not exhaustive and may be updated to reflect changes in legal regulations or our marketplace policies:
- Illegal Drugs and Substances: Including but not limited to narcotics, steroids, certain controlled substances, and drug paraphernalia.
- Weapons and Explosives: Firearms, ammunition, explosives, and other offensive weapons. Certain exceptions may apply to collectibles, antiques, and items for recreational use, subject to specific regulations.
- Counterfeit and Unauthorized Goods: Imitations or unauthorized replicas of branded products, including but not limited to clothing, handbags, electronics, and watches.
- Regulated Items: Goods subject to government regulations, such as alcohol, tobacco products, prescription drugs, and medical devices, unless the seller has obtained the necessary permits and complies with all applicable laws.
- Hazardous Materials: Chemicals, pesticides, and items containing hazardous substances that pose a risk to health and safety.
- Stolen Property: Items obtained through illegal means or those that infringe upon the property rights of others.
- Adult Content and Pornography: Material that is pornographic or deemed inappropriate for a general audience.
- Protected Wildlife and Endangered Species: Products derived from protected or endangered animals and plants, including but not limited to ivory, fur, and certain plant extracts.
- Hate Speech and Items Promoting Discrimination: Goods that promote or glorify hatred, violence, racial, sexual, or religious intolerance.
- Personal Information and Data: Selling personal data or information without the consent of the individual involved.
Enforcement and Consequences
- Monitoring and Compliance: [Your E-commerce Marketplace Name] actively monitors listings for compliance with our prohibited items policy. We may use automated systems and manual reviews to detect and remove prohibited items.
- Reporting Mechanism: Users are encouraged to report listings that violate our prohibited items policy. Reports can be made anonymously and will be reviewed by our team for appropriate action.
- Penalties for Violations: Sellers found to be listing or selling prohibited items may face consequences, including but not limited to, removal of listings, suspension or termination of account, forfeiture of earnings, and legal action.
- Appeals Process: Sellers who believe their listing was unfairly removed or their account was unjustly suspended may appeal the decision through our customer support. The appeal must include evidence or information that supports the case for reinstatement.
Legal Compliance and Cooperation
The Marketplace cooperates with law enforcement and regulatory agencies to ensure that our marketplace complies with all legal requirements. We may disclose user information to authorities in compliance with legal obligations or in response to a verified request related to a criminal investigation or alleged illegal activity.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Shipping and Delivery
When you purchase goods from our Marketplace, the goods will be delivered through one of the following methods:
- Pick Up and Delivery by TCS.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside your country of purchase, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Use Guidelines and Conditions
The Marketplace is designed to offer a seamless, efficient, and secure e-commerce experience. To ensure the integrity of our marketplace and the satisfaction of our community, we have established the following guidelines and conditions for the use of our .
- User Accounts and Security
- Account Creation: Users must provide accurate and complete information during the account creation process and keep this information up to date.
- Account Security: Users are responsible for maintaining the confidentiality of their account information, including passwords. Users must immediately notify the Marketplace of any unauthorized use of their account or security breach.
- Acceptable Use
- Compliance: Users must comply with all applicable laws, the terms of service of the Marketplace, and all posted marketplace rules and policies.
- Prohibitions: Users are prohibited from using the to engage in illegal activities, violate the rights of others, distribute malicious , or conduct any activities that could harm the Marketplace or its users.
- Content and Intellectual Property
- User Content: Users retain ownership of the content they submit to the marketplace but grant the Marketplace worldwide, perpetual, irrevocable, royalty-free license to use, display, modify, and distribute this content in connection with the marketplace.
- and Content Ownership: The Marketplace and its licensors retain all rights, title, and interest in and to the and all content provided through the marketplace , including all associated intellectual property rights.
- Modifications and Updates
- The Marketplace reserves the right to modify, update, or discontinue its or any features or functionalities thereof at any time without prior notice. Users agree that the Marketplace shall not be liable for any modification, suspension, or discontinuance of the or any part thereof.
- Termination
- The Marketplace may terminate your access to the at any time for any reason, including, but not limited to, a breach of these guidelines and conditions. Upon termination, the license granted herein will also terminate.
- Disclaimer of Warranties and Limitation of Liability
- No Warranties: The is provided “as is” without warranties of any kind, either express or implied. The Marketplace does not guarantee that the will function without interruption or errors.
- Limitation of Liability: The Marketplace shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use the .
- General Provisions
- Governing Law: These terms and conditions shall be governed by the laws of the jurisdiction in which the Marketplace operates, without regard to its conflict of law provisions.
- Amendments: The Marketplace reserves the right to amend these guidelines and conditions at any time. Users will be notified of any significant changes.
By accessing or using the of the Marketplace you acknowledge that you have read, understood, and agree to be bound by these guidelines and conditions.
Subscriptions
If you have purchased a subscription, your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps:
This Subscription Cancellation Policy outlines the process and conditions under which subscribers can cancel their memberships or subscription services with TOQQA Cross Trade. We strive to make the cancellation process as seamless as possible while ensuring our subscribers understand their rights and obligations.
Subscription Cancellation Process (Subscriptions will be available in a future release)
Initiating Cancellation: Subscribers wishing to cancel their membership must do so by accessing their account settings on the Marketplace and select to the account deletion process from their.
Cancellation Notice: To avoid being charged for the next billing cycle, subscribers must initiate the cancellation at least 14 days before their next scheduled payment date. Cancellations made less than 14 days before the next billing date will result in a final charge, with the subscription remaining active until the end of the current billing period.
Confirmation of Cancellation: Upon successful cancellation, subscribers will receive a confirmation email from the Marketplace to the email address associated with their account. This confirmation serves as proof of cancellation; subscribers are advised to keep it for their records.
Refunds on Subscriptions
The Marketplace operates on a no-refund policy for any partial subscription periods. However, subscribers will continue to have access to their subscription benefits until the end of their current billing cycle.
Reinstatement of Subscription
Subscribers who have canceled their subscription but wish to reinstate it may do so at any time through their account settings. The reinstatement will be subject to the subscription terms and rates effective at the time of reinstatement.
Changes to Subscription Terms
The Marketplace reserves the right to modify the subscription terms, fees, and cancellation policy at any time. Any changes will be communicated to subscribers through their registered email or via notification to the Marketplace. Continued use of the subscription after such changes constitutes acceptance of the new terms.
Contact Information
For any queries or assistance related to subscription cancellation, please contact our Customer Support Team
Tax Liability Clauses
Clause 1: Tax Liability Acknowledgment
By using the Marketplace all users (both buyers and sellers) acknowledge that they are individually responsible for determining their tax obligations and complying with all applicable tax laws and regulations related to their activities on the marketplace. This includes, but is not limited to, sales tax, use tax, VAT (Value Added Tax), GST (Goods and Services Tax), and any other taxes or duties associated with the sale or purchase of goods and services.
Clause 2: Seller’s Responsibility
Sellers are solely responsible for setting appropriate tax rates for their listings based on the jurisdictions in which they operate and to which they sell. Sellers must ensure that all taxes due on transactions conducted through the Marketplace are accurately calculated, collected, reported, and remitted to the appropriate tax authorities in a timely manner. Sellers agree to provide the Marketplace with all necessary information to facilitate these tax obligations.
Clause 3: Buyer’s Responsibility
Buyers are responsible for being aware of and understanding the tax implications of purchasing goods and services on the Marketplace This includes paying any taxes that may be due upon importation in the case of cross-border transactions. Buyers acknowledge that tax rates may vary based on the location of the seller, the location of the buyer, and the nature of the goods or services purchased.
Clause 4: No Tax Advice
The Marketplace does not offer tax advice. The information provided by the Marketplace related to taxes is for informational purposes only and is not intended to serve as tax or legal advice. Users are encouraged to consult with a tax professional to understand their individual tax liability and ensure compliance with all tax laws and regulations.
Clause 5: Indemnification of the Marketplace
Users agree to indemnify and hold harmless the Marketplace,its affiliates, officers, agents, employees, and partners from any claim, demand, loss, liability, or expense, including reasonable attorneys’ fees, arising out of or in connection with any failure to comply with tax obligations, including any failure to collect, report, or remit any taxes associated with transactions on the Marketplace.
Clause 6: Changes to Tax Legislation
Users acknowledge that tax legislation is subject to change. Users agree to stay informed about and comply with such changes. The Marketplace reserves the right to implement any necessary changes to its marketplace to comply with tax laws and regulations without prior notice.
By engaging in transactions on the Marketplace users confirm their understanding and acceptance of these tax liability clauses.
Termination
To maintain the integrity of our marketplace and protect the interests of our community, we have established the following guidelines and policies regarding the termination of user accounts and access to our services. These policies are designed to ensure that all participants understand the circumstances under which termination may occur and the process involved.
Grounds for Termination
Termination of access to the Marketplace services and user accounts may result from, but is not limited to, the following actions:
- Violation of Terms and Conditions: Non-compliance with any part of [the Marketplace’s Terms of Service, Privacy Policy, or any other applicable agreements or policies.
- Illegal Activities: Engaging in illegal activities or selling prohibited items as defined by [the Marketplace’s prohibited items list and applicable laws.
- Fraudulent Behavior: Participation in fraudulent behavior, including providing false information, manipulating reviews, or attempting to defraud other users or the Marketplace itself.
- Intellectual Property Infringement: Listing or selling goods that infringe on intellectual property rights without proper authorization.
- Abuse and Harassment: Engaging in behavior that constitutes abuse, harassment, or discrimination against other users or the Marketplace staff.
- Payment Issues: Repeated failure to fulfill payment obligations, including chargebacks and disputes initiated without valid reasons.
- Account Security Risks: Compromising the security of the user account, including sharing account details with others, or failing to secure the account against unauthorized access.
Termination Process
- Investigation: Upon detection or reporting of potential violations, the Marketplace will conduct a thorough investigation to determine the validity of the claims and the severity of the breach.
- Notification: Before termination, the Marketplace will, when possible, notify the user of the potential breach and the impending termination of their account. This notification will include details of the violation and any evidence supporting the termination decision.
- Appeal Process: Users will have the opportunity to respond to the termination notice, providing any evidence or arguments against the termination within a specified period. the Marketplace will review the appeal and make a final decision.
- Final Decision: If the appeal is rejected or no appeal is made within the given timeframe, the termination will proceed. The user will be notified of the final decision, and all access to the Marketplace services will be revoked.
Consequences of Termination
- Account Closure: The user’s account will be closed, and all listings will be removed from the Marketplace
- Financial Settlements: Any pending financial transactions or obligations must be settled according to the Marketplace ‘s policies and applicable laws.
- Data Retention: The Marketplace will retain or delete the user’s data as per the privacy policy and applicable legal requirements.
Reinstatement
- Reinstatement Policy: Former users may request reinstatement of their accounts by contacting the Marketplace ‘s customer service, subject to a review process and at the discretion of the Marketplace
- Conditions for Reinstatement: Reinstatement may require the user to fulfill specific conditions, such as completing additional verification steps, attending training, or agreeing to additional monitoring.
Third Party Goods and Services
Our Marketplace may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Marketplace.
User Contributions
Users may post the following information on our Marketplace:
- Items for sale;
- Photos; and
- Public comments.
By posting publicly on our Marketplace, you agree not to act illegally or violate these Terms and Conditions.
User Goods and Services
Our Marketplace allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Marketplace. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Marketplace. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Marketplace.
Effective Date: 1st day of March, 2024
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