Terms and Conditions

Ayady Misr: Terms of Website:

First: Technology of operating electronic markets (eAswaaq misr), located in building B-2111, Smart Village, 28th Kilometer of Alexandria-Giza Desert Road, Commercial Registration No. 150444, a subsidiary of eFinance group.

Hereinafter referred to as first party or eAswaaq misr Company.

After both parties have approved their competence to contract and agree on the following:

Introduction:

Since the first party administrates many websites, hereinafter referred to as the website, where it places and promotes commercial goods and products through the website, these companies are entitled to sell and promote these goods.

And since the second party (seller) is willing to sell and promote its products through the website owned by the first party, the seller agrees to comply with these website terms and commit to these terms as follows:

Item Number 1:

The introduction shall be considered as a part and parcel of this agreement items and terms, integral and complimentary for these items.

 

 

Item Number 2: Commitments of both parties:

Commitments of the first party:

1.    Agreeing to place the products selected by the second party through the digital marketing website in purpose of digital promotion and trading for the supplier’s products.

2.    Purchasing orders shall be accepted, so any payments (Cash or online via credit cards or any innovative payment methods) shall be collected from the customers on behalf of the supplier.

3.    The first party shall commit not to change the goods price unless with the second party consent.

4.     Orders’ management and delivery, shipping service to customer, payment procedures for sold goods are on the first party’s website.

5.    In case of lost goods, the second party shall be compensated for this goods value, if found, eAswaaq misr shall directly buy in exchange for the second party issuing a tax invoice with these goods value.

6.    The second party shall be notified through an e-mail with the list of shipping companies authorized to pick-up the goods from the second party team. The first party responsibility about the delivered goods establishes starting from the delivery date until delivered to the customer.

7.    The first party shall place these goods on its own website.

Commitments of the second party

1)    The second party shall create an account on the website owned by the first party.

 

 

2)    The second party shall provide the first party the username and list of items, including the main details and most importantly:

A- The product name

B- Photos and the technical specifications related to the item.

C- The value added-tax (VAT) and any other tax-included price of the product and shall be in charge of products pricing that can be modified through the seller’s place from time to time, taking competition protection rules into consideration.

D- Dealership data if any.

E- The second party is the one responsible for all the above; bearing  that all products shall include all the information, specifications, and instructions according to the Customer Protection Act.

F- There may be a timeframe between presenting the product page to the seller’s place and placing the product page on the store due to our quality proceedings.

G- We are entitled to levy fines due to violation of item 2E with no violation of our other rights.

 

 

3)    The second party shall prepare and deliver the item to the shipping company - contracted with through the website- to the first party based upon the operation annex.

4)    Preparing and delivering the agreed goods for the contracted shipping company and with the first party under the financial and commercial delivery proceedings adopted by the second party.

5)    Preparing and packing the goods properly to avoid being damaged or spoiled according to the packing instructions.

6)    If the second party places goods that need licenses to sell these products whether by an approval from the Ministry of Supply, Ministry of Health, Ministry of Agriculture, Ministry of Interior, or Institute of Food. It must provide the first party with a true copy of these approvals before being placed on the first party’s website.

7)    Providing the first party with any other documents to help the completion of selling process.

8)    The second party undertakes to accept any returned goods to eAswaaq misr, depending on manufacturing defects or non-conformity guarantee stated by the second party- or for the product non-conformity, goods return cannot be accepted due to bad transportation condition or misuse “with no conflict with the second party compliance with consumer protection regulations with all details including the within 14 days return policy” and the second party shall bear all the returning fees.

9)    The second party is committed to his legal responsibility for the goods supplied to the buyers and the first party and not violating to any of the public health and morals, and there is no violation to any of the applied laws in the goods.

10)         You are not entitled to announce buying, selling, or supplying any of the products that violate laws, regulations of intellectual property rights for any individual or any other rights that may cause filing any lawsuit against any person by any case and under any judicial system, and by the virtue of any applicable law.

11)         The supplier shall adhere to submit a tax bill in the customer’s name for the sold products on the website.

Item Number 3: The second party pledges and guarantees

1)    The second party undertakes that he is legally and contractually eligible and entitled to sell these goods on his own responsibility in case of otherwise appeared.

2)    The second party pledges not to violate the applicable regulations and laws, including but not limited to, publication and property rights or any other rights regulated by the laws, regulations, decisions, or laws of consumer protection.

3)    The second party undertakes his ownership of the placed items and that they are free of any financial liabilities. Also pledges and guarantees that he is entitled to dispose them without any restrictions or conditions.

4)    The second party undertakes that all the sold items are 100% genuine and matching what is placed on the website and free from any defects, and in case of breaking any of the previous pledges on him, the second party will compensate the first party and the buyers with the same purchased item price and/or any similar harm. As the first party will give a refund upon the second party’s responsibility and expense.

5)    The first party undertakes to comply with the announced policies and instructions regarding placing the product for sale as advertised on the website and in general. In addition, the second party undertakes to commit to the first party internal instructions, also acknowledges the necessity to timely access their amendments so all the instructions and their amendments can be announced through the website, available for everyone, and be effective once published.

6)    The second party is deemed the sole responsible for the sold goods in front of all the national entities as well as the Consumer Protection Agency and adheres to all these entities regulations and confirms that there isn’t any responsibility on the first party regarding the sold item at all.

7)    The second party adheres to issue a ten thousand Egyptian Pounds guarantee cheque for the first party in case of product delivery and picking up through the second party.

8)    The second party adheres on his own with all his responsibilities arising from the nature of engagement with national authorities, tax authority and Consumer Protection Agency.

9)    The seller will not send any advertising or promotional material for the customers on the first party store without a prior approval from the first party through e-mail, and the seller shall be explicitly responsible towards the users of the first party store in case of their personal data misusage, the seller shall compensate the first party in case of being sued or fined or if the first party has placed any further expenses as a cause of the seller using the personal data retrieved from the first party store.

 

10)         The second party acknowledges and undertakes to accept the enforcement the fines to be applied in case of violating the conditions mentioned as follows:

A- The supplier adheres to pay a financial fine worth of 10,000 (Ten thousand Egyptian Pounds) in case of sending or selling a non-original product.

B- In case of cancelling orders due to insufficient products balance, which is caused by lack of updating the second party products balance or breaking the approved SLA, a fine with a worth of double the approved commission value of the refused product due to its non-availability to make the fine minimum value is 100 Egyptian pounds and maximum 2000 Egyptian Pounds.

 

11)         In case of any harm to the customer, the first party is entitled to suspend the service provided to the second party.

 

 

Item Number 4: Fees and Payment Methods

In return for the service provided by the first party, the second party pledges to pay the first party as follows:

1)    Both parties have agreed reference regarding the financial income estimation of the contracted services 10% as explained on the commissions and fees page on the seller’s center and we may change the commissions from time to time based upon a prior notice by updating the commissions and fees page on the seller’s center.

2)    eAswaaq misr transfers the second party due amounts following the deduction of the agreed commission, the payment period to be identified after the closure of the announced balance sheet on the supplier’s account in the application designed for that purpose within (30) working days.

3)    The first party undertakes that if he is compelled and as per the market demands to impose additional fees on selling the products through the website by an agreement with the second party, and eAswaaq misr must send the second party a prior notice through e-mail. The second party will have the luxury to choose either to reach an agreement or to withdraw and terminate this contract.

Item Number 5: Returned Goods

1)    The customer service of the first party shall return the items to the second party within 30 days from the delivery timing if it does not meet the packaging requirements stated in the packaging instructions according to each item’s condition, as per the Consumer Protection Law. In case of return, the purchased item amount shall be fully refunded from the second party account at the first party.

2)    No commission shall be charged unless there is a defect in the product from the seller’s side.

3)    Returned products shall be accepted and the returned amount shall be refunded by the first party on behalf of the second party.

 

Item Number 6: Value Added Tax (VAT) and Other Taxes

1)    Commissions shall be counted as a percentage from the selling price excluded from VAT and other taxes to be levied on the buyer.

2)    Commission percentages indicated in the annex are 14% VAT excluded.

3)    The seller shall be solely responsible for collecting all the applied taxes on the buyers’ transactions with revealing them, recording them, and paying them as well.

4)    If the transaction includes products’ importing and delivering them to the buyer, the second party shall be responsible to comply to tax liabilities in the region where these liabilities have taken place. The second party shall understand and confirm that concluding the shipping may cause tax liabilities as a permanent tax facility.

Item Number 7: Transfers

1)    There will be an account for selling revenues through the seller’s location and it will include the selling process details for all transactions, deductions, and transfers.

2)    Paying you may be delayed or suspended in case of potential investigating or other breaching for this contract.

3)    In case of the second party’s objection to any transaction or balance sheet, the second party must file a complaint within 3 days of the transaction date and if not, the seller loses his right to demand it.

Item Number 8: Relationship of the Parties

Both parties admit that the contractual relationship, that connects both in accordance with agreeing on these terms, is based upon the independency between both parties, therefore, there is nothing in these clauses can be changed in a way referring to a partnership or contribution or any sort of participation means.

Item Number 9: Exclusivity

These items and terms do not prevent any of both parties from entering into comparable agreements with other parties.

 

Item Number 10: Confidentiality

1)    Every “Party” shall do every effort to keep the total confidentiality and obligate his employees to keep the commercial and technical information of the other party, which have been retrieved by applying this contract (Hereinafter referred to as “Confidential Information”). And no “Party”, except who were mentioned in the introduction, is entitled to use, or declare the confidential information for any purposes but the purposes stated or allowed in this contract.

2)    You shall admit your responsibility for any activity arising from non-keeping your own password and you may be deemed responsible for any losses arising from this.

Item Number 11: Intellectual Property Rights

 Both parties adhere to respect the intellectual and literary rights, either private or owned by the other party and not to infringe them.

Item Number 12: Correspondence

It is agreed between both parties that all the addresses outlined next to each of this contract parties are correct; and in case of any directed legal or judicial correspondences, notices, warnings, or registered letters with acknowledgement of receipt on these addresses, they are right and accepted by both parties judicially. Also, in case of changing any of the outlined addresses next to each party, the party that took the changing action shall notify the other party with the change, or else the notices, letters, correspondences, warnings, and announces will be deemed correct and effective against who has been legally informed.

 

Item Number 13: Compensation

The Second Party pledges, under these terms and conditions, to compensate eAswaaq misr for:

Any responsibility for Value Added Tax (VAT) or any other tax responsibility the eAswaaq misr may get levied regarding any selling, supplying, or purchasing process takes place through eAswaaq misr due to the second party failure to pay it, announce it, or register to pay VAT or any other due tax at any area.

Item Number 14: Applicable laws and Specialty

1)    This contracts rules and be explained according to the Egyptian laws, which subject to the applicable legislation in Arab Republic of Egypt, and any dispute arises regarding explaining or applying any of this contract items, the aggrieved party shall notify the party who is at fault with the case within a period up to 10 days of being informed with the case. If the party at fault did not or found unable to reach a solution for this problem within a maximum of 30 days of being informed, the arbitration proceedings shall initiate.

2)    Any dispute may arise between both parties, and it was not possible to settle this dispute amicably, it shall be referred to the competent law entities and international arbitration at The Cairo Regional Centre for International Commercial Arbitration by an arbitration committee composed of three arbitrators, according to the Egyptian arbitration law.

3)    The arbitration shall be in Arabic language, and shall not exceed three months and fifteen days start from the day following the date of arbitration claimant party notifying the other party with appointing a court so the arbitrators can conclude the weighing party within 15 days of notifying the arbitration claimant party and the other party to appear together in front of The Cairo Regional Arbitration Centre chamber to determine the weighing party between them and conclude the arbitration review within maximum ninety days.

4) Act Number 27 of 1994 is applicable regarding the arbitration in the Egyptian civil and commercial matters.

5)    The role of Egyptian courts is limited to append the arbitration in the executive formulation.

Item Number 15: Terminating the Agreement

Both parties acknowledge each other’s right to terminate the agreement in case the other party is breaching one of his responsibilities stated in this note or its annexes without any responsibility or a claim for termination -compensation, providing that the termination claimant party shall notify the other party with his desire to terminate the agreement at least three months prior to expressing this desire, along with committing to pay all the due amounts according to the agreed prices.

Item Number 16: Bank Data

 

The two parties have agreed that each party is responsible for all the banks’ data, accounts, balances related to this the subject of this agreement.