Seller Terms for Tomlibo Store Owners
Top 10 House Rules for Tomlibo Premium Sellers
- 1) Only sell good quality products;
- 2) Must have good quality product images;
- 3) Display your contact number for shoppers to contact you;
- 4) Clearly show your Return/replace, Payments & Shipping policy;
- 5) Keep your product inventory up to date at all times;
- 6) Respond to shoppers queries within 24 hours;
- 7) Ship your products on time to buyers;
- 8) Manage your own store;
- 9) Don't sell something that you are not allowed;
- 10) And finally, be nice and kind to your shoppers.
"People do business with people"
Seller terms in details...
These Seller Terms and Conditions of Sale ("Seller Agreement") govern your access to and use of Tomlibo's website, products, and services ("Products") for the sale of items ("Merchandise") directly through the Site or Apps. This Seller Agreement is between you, the seller, together with any company, affiliate or other business entity that you are representing (collectively, the "Seller", "you" or "your") and Tomlibo. The Tomlibo Service is owned and operated by Bigcart, Ltd (hereinafter referred to as "Tomlibo " or "Tomlibo" or "We" or "Us" or "Our").
Bigcart Ecommerce Pvt. Ltd, provides the products and services offered by Tomlibo (the "Services") through our website/apps, accessible at www.Tomlibo.com (the "Site"), and our applications for mobile devices (the "Applications").
In order to access the site and/or applications to use of the Services to sell Merchandise, you must accept these seller terms and the conditions of this Seller Agreement without any change or reservations. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS SELLER AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE THAT ARE INCORPORATED BY REFERENCE.
Tomlibo reserves all authority to change any of the terms and conditions contained in this Seller Agreement or any policies or rules overseeing the Site, Applications or Services, whenever and in at its sole discretion. Any changes made will be viable after they are posted on the site. You are in charge of checking the notification and any relevant changes. Changes to referenced regulations, policies and rules may be posted without giving prior notification to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES, FOLLOWING TOMLIBO'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. On the off chance that YOU DO NOT AGREE TO ANY CHANGES MADE TO THIS SELLER AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES, and THE SITE OR APPLICATIONS.
Tomlibo provides a platform for Sellers and buyers ("Buyers") to complete transactions. Tomlibo is not involved in the actual transaction between Sellers and Buyers and is not the agent of Sellers or buyers for any reason except for the limited purpose of processing transactions and has no agency authority for any other purpose. As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the Site's Terms of Service, this Seller Agreement or otherwise prohibited by law.
Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is the Seller's responsibility to accurately describe the item being put up for sale. As a Seller, you use the Site and the Services at your own risk.
The use of the Site, Applications and Services is limited to parties that can lawfully enter into and form contracts under applicable laws. For example, minors are not allowed to use the Services (i.e. sell on Tomlibo platform). To register as a seller, you must provide your real name, address, phone number, e-mail address, tax identification number (if required), company/business registration number, company or personal identification documents (where needed) and a valid debit/credit card details to top-up the service. You represent and warrant that:
- a) As a business, you are duly organized, legally existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; or
- b) As a sole trader/proprietor (that does not have a registered business), you can use Tomlibo services provided that you have your tax identification number and present on request, if required;
- c) You have all requisite right, power and authority to enter into this Seller Agreement and perform your obligations as listed here. If for any reason, Tomlibo, at its discretion, believes any of the supplied information to be incorrect; it reserves the right, without provision of any notice to the Seller, to suspend or revoke any and all licenses under this Seller Agreement or to refuse to provide the Services of the Site to the Seller under this Seller Agreement.
Tomlibo representative will review your seller application to verify your business details. At Tomlibo, we want to make sure that all our sellers that eventually use our platform are genuine and verified by us.
Prohibited Items on Tomlibo
By entering into this Seller Agreement and posting/listing an item for sale, Seller agrees to complete the transaction as described by this Seller Agreement. Seller agrees not to publish, offer for sale, and sell or otherwise on, through or connected with your sale, distribute any of the following items or related items:
- Livestock, pets, animals
- Any type of lottery/event tickets
- Destructive devices, weapons and explosives
- Prohibited services, including; charitable goods & fundraising
- Currency & stamps (only antiques allowed)
- Pornography including; child pornography materials, X-rated videos
- Counterfeit items
- Burglary tools
- Stock and other financial securities
- Any type of documents, including; identity, government, personal etc.
- Illegal or pharmaceutical/prescribed drugs
- Medical tools
- Stolen property
- Digital/downloadable files
- Tobacco products
- Alcoholic products; or
- Any product or service that is illegal or marketed or sold in such a way as to create liability for Tomlibo.
When you list an item, you'll need to clearly specify its condition on Tomlibo.com. By agreeing to sell on Tomlibo, you enter into an exclusive agreement to clearly mention the correct condition to each item you list on Tomlibo.com.
Sellers must ensure that all products are 100% authentic quality goods and are sourced directly from the manufacturers, brand stores or approved manufacturer agents. Sellers must also be able to provide full proof (at request) that the products are indeed authentic and genuine and are sourced directly.
All Tomlibo.com Sellers agree and are committed to sell only genuine products to customers on Tomlibo.com. All sellers listing their products on Tomlibo.com are required to enter an agreement to list and sell only genuine products - no counterfeit product listing are allowed on Tomlibo.com.
The seller is in charge of creating, managing, editing, reviewing, deleting and generally controlling the content of the sale presented on the Site/Store, including all descriptions of Merchandise and disclosure and warnings about product/materials that are required to be disclosed by any and all applicable domestic and international laws, statutes, ordinances and/or regulations where the Merchandise is offered for sale. If you have reason to believe that your sale item(s) is in violation of any law or the rights of any third party, you will promptly contact us using the help desk as provided on the Site. Notwithstanding anything contained in the foregoing, a breach of any of the terms of this Seller Agreement will result in Tomlibo suspending or terminating your sale(s) and/or any access to information or data related to your seller account.
IN ORDER TO SELL MERCHANDISE/PRODUCTS ON TOMLIBO.COM, YOU MUST REGISTER YOUR MERCHANT/SELLER INFORMATION ON TOMLIBO.COM. You must provide us with valid and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports (if necessary) about Seller in order to approve Seller account for use of the Site and to obtain an initial credit authorization from Seller's bank account at time of registration.
You the Seller, agree that all information, data, text, music, sound, photographs, graphics or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Tomlibo, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the portals provided by Tomlibo.com.
The Tomlibo is accessible seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance (99.99% uptime guarantee).
You may provide refunds, adjustments or discounts to Buyers for their purchases through the Site using the functionality we enabled for your account. This functionality may be modified, suspended or discontinued by us at any time without notice and is subject the terms of this Seller Agreement. You can only use the functionality provided by the Site to create invoices for sales processed through the Site or Applications. All notices and notifications will be sent to the seller using the e-mail address provided during registration or will be posted on the Site by the site's administrators. It is the Seller's responsibility to monitor their e-mail messages frequently to ensure that they are aware of any notices/notifications sent by us. Seller may send notices to us using the Tomlibo help desk as provided on the Site.
Registering to sell on the site or applications is free of charge. You, the seller, will process your payment(s) using your own 3rd (third) party payment gateway and you keep 100% of the sale amount.
Seller may terminate his or her participation in the Site or Applications at any time by informing us using the standard methods currently provided by Tomlibo for such termination, and we reserve the right to terminate Seller's participation in the Site or Applications at any time without prior notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be cancelled.
We reserve the right to refuse service to anyone for any reason at our own discretion. Seller will bear all risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) or loss in connection with Payment Transactions processed by sellers payment gateway. When you process payments using your own 3rd (third) party payment gateway, we will not bear the risk of credit card fraud and/or any dispute in connection with any of Seller's products that are not fulfilled.
Marketplace Category Mapping
All Tomlibo Sellers agree and are committed to map their own categories to Tomlibo marketplace categories at the time of creating a new category. Products are listed according to selected categories on sellers store and on Tomlibo marketplace as mapped. All incorrectly mapped listings may be removed from Tomlibo marketplace on a periodic basis - if found.
As a Tomlibo seller, you can manage your own store & process online payment(s) using your own 3rd (third) party payment gateways (e.g. PayPal, Stripe) and you will be charged a payment processing fee directly by your payment vendor. Tomlibo will not bear the risk of credit card fraud/any dispute/chargeback etc. in connection with such payment(s).
We will charge you a flat transaction fee (commission) of 2% of the total order value (including shipping charges), which must be paid using online top-up credit amount.
The 2% fee is not refundable if seller cancels the order; however, if the order is cancelled by the buyer we will refund the fee back into your account.
You agree that it is the Seller's obligation to figure out if Seller Taxes apply to the exchanges and to gather, report, and transmit the right Seller Taxes to the appropriate tax authority, and that Tomlibo is not obligated to figure out if Seller Taxes apply and is not responsible for gathering, reporting, or dispatching any business, use, or comparable taxes emerging from any exchange, but to the degree Tomlibo explicitly consents to gather charges or other transaction-based charges in association of with a collection service made accessible by Tomlibo and utilized by Seller. "Seller Taxes" implies any and all sales, merchandise and services, use, excise, import, export, value added, utilization and different charges and duties evaluated, acquired or required to be gathered or paid for any reason regarding any advertisement, notice, offer or offer of items by you on or through the Site, or generally regarding any activity, inaction or exclusion of you or any of your affiliates or their separate workers, operators, temporary workers or agents.
Order Fulfilling Criteria
All Tomlibo Sellers agree and are committed to fulfil all orders according to its listing. If you are fulfilling the order, then you MUST accept the order within 48 hours and dispatch the item to your buyer within 30 days, and it should be clearly shown in your listing.
As a Tomlibo seller, you MUST not cancel orders under any circumstances, and it is your responsibility to ensure that you can fulfil orders when you sell on Tomlibo. However, occasionally (in special circumstances) you may need to cancel a transaction/order, for instance if the item is broken or not up to the mark of customer expectation, or you made a mistake when listing the item.
If you've sold an item but can't complete/fulfil the sale/order, you need work with your buyer to cancel the transaction in mutual agreement.
We expect all Tomlibo sellers to maintain accurate inventory levels at all times. Failure to adjust your inventory (due to out of stock or no longer available) in a timely manner can lead to excessive order cancellations and will harm your seller performance & ratings.
The more frequency of cancelled transaction may count against your seller performance if the reason selected indicates the item is out of stock, no longer available and not up to the customer expectation.
You can use the Manage Orders page to cancel any un-dispatched order. Once you cancel an order, Tomlibo will send an order cancellation via email & in-app notification to the buyer and a notification to you (seller).
If you are cancelling an order which buyer already paid for in advance directly to you (seller), you MUST refund the FULL MONEY within 14 (FOURTEEN) working days in the form of original payment mode.
Reverse Pickup or Return Postage
If you are fulfilling the orders then it is your responsibility whether to charge buyers or you bear the reverse pickup or return postage cost - and this MUST be clearly shown on your shop policy page and product listing.
Return & Refunds
You agree that it is Seller's responsibility to accept and process returns, refunds and adjustments in accordance with this Seller Agreement. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling fee or other charges) or other amounts to be paid by you to Buyers in connection with purchases within 14 (fourteen) working days.
You agree that it is Seller's responsibility to ship purchased items to buyers. By selling on Tomlibo, you agree to:
- Provide an accurate "ships from" address on the order invoice & make same available on your store.
- Specify your shipping costs and processing time in your listings clearly.
- Ship items promptly after they are sold (within specified time frame as per listings). Items must be shipped no later than within 30 days of purchase unless otherwise specified in your processing time or agreed upon with the buyer through Conversations.
- Comply with all local and international shipping and customs regulations. If the import/custom duty will be paid by the buyer, this must be clearly specified in your listings.
- Mark the order as shipped when you ship it in your store admin. You may only mark an order as shipped when you actually ship an order to a buyer and have tracking number & URL. Your buyer will receive a Tomlibo Shipping Notification when your order is marked as shipped.
- Charge an accurate and appropriate amount for shipping (as specified in your listing).
By entering AWB tracking information (number & URL) on Tomlibo admin, you're giving us and the buyer permission to collect, monitor and share the tracking information received from your chosen shipping carrier. In the event that an order does not go as planned, you must be prepared to provide valid proof of shipping to buyer when contacted. Valid proof of shipping must show that the item was shipped to the address provided by the buyer in the order. If the buyer does not receive the order, it is the Seller's responsibility to solve the issue between the shipping carrier/company & buyer.
Indemnity/Limitation of Liabilities
You AGREE that you will defend, indemnify and hold harmless Tomlibo and its affiliates (and their respective employees, directors, officers agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising from any claim, that arises out of or relates to:
- i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Seller Agreement; or
- ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For these purposes, "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
Limitation of Liability:
TOMLIBO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS SELLER AGREEMENT, THE SITE, THE SERVICES, THE APPLICATION, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Intellectual Property Rights (Copyrights, Trademarks, Counterfeits)
Tomlibo respects the rights of others. Listing, selling, or using an unlicensed, counterfeit, trademarked, or copyrighted products or material is against Tomlibo's Terms and Conditions and its Product Listing Policy and internal operating procedures.
We take these matters seriously and will enforce any claims made to Tomlibo concerning such matters in accordance with local and international laws.
Brand, Copyright, and Trademark Owners
We take intellectual property rights seriously. If you suspect there's any product or listing on Tomlibo that infringes on your intellectual property rights please provide the following information for immediate action by our legal team;
- 1. An electronic or physical signature of the person authorized to act on behalf of the rights owner;
- 2. A description of the product or listing that you claim has been infringed upon;
- 3. A URL and a description of where the material you claim is infringing is located on the site;
- 4. A URL and a description of where original and legitimate uses of the infringing material can be seen;
- 5. Your address, telephone number, and e-mail address;
- 6. A statement by you that you have a good-faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
- 7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send all requests to us using Tomlibo help desk with full details of your claim.
Marketplace/Brand Store Sellers
Customers trust that they can always buy with confidence on Tomlibo. Products offered for sale on the website/Apps must be authentic and must not include any copyrighted or trademarked material without consent of the original rights owner.
The sale of counterfeit products, including any products that have been illegally replicated, reproduced, or manufactured, is strictly prohibited.
If an infringing product or listing is discovered on Tomlibo, the product will be removed and the seller will be subject to being permanently banned from selling on the site, their funds may be withheld, and further legal may be pursued by Tomlibo and the legal rights owner of the infringing material.
We Do Not Enforce
Catalogue content ownership and image restrictions: When a detail product/item page is created, it becomes a permanent artefact in the Tomlibo catalogue. It will remain in the catalogue even if the creator's offers sells out or deleted.
It is important to also realize that when your content is submitted to the Tomlibo catalogue, even if you are the original copyright owner of images and text copy, you grant Tomlibo and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material.
Other marketplace sellers can list their offers for sale against catalogue items that you have created or added your copyrighted images and text to as long as it is an exact match. If you believe sellers are listing against catalogue items that do not exactly match their items, we ask that you report the violation to our legal team.
If your intellectual property content has been added to our catalogue without your consent, please follow the instructions for Brand, Copyright, and Trademark Owners above to report the content to us.
The Seller is responsible for keeping a complete and current copy of their data files as a backup on a remote system (i.e. not solely on Tomlibo servers).
Tomlibo is NOT RESPONSIBLE for any lost files, information or data.
Tomlibo makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of Sellers stores.
Although Tomlibo backups may include Seller sites and information for disaster recovery purposes, these backups are not to be relied on by the Seller. Tomlibo does not guarantee to possess the most recent copy of a Seller's website in its own backups.
Tomlibo (a service provided by Bigcart Ecommerce Pvt. Ltd) is not the agent of Seller except for the limited purpose of processing transactions and is not the agent of Buyer for any purpose, therefore, Tomlibo will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Tomlibo urges Sellers and Buyers to co-operate with each other to resolve such disputes.
Your password may be used only to access the Site and Application, use the Services, electronically sign your transactions, review your completed transactions and access your integrated social platform. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, it is your responsibility to change your password.
Sellers must not sell products for purchase by children. Sellers can sell children's products for purchase by adults. If you (seller) are under 18 you may only use Tomlibo with the involvement of a parent or guardian.
Termination & Rights
- 1. Termination: Tomlibo, may at its sole discretion, suspend or terminate this Seller Agreement, your access to the Site, Applications or the Services, or any current sales immediately without notice for any reason.
- 2. Rights: In the event of expiration or termination for any reason, any rights granted under this Seller Agreement shall automatically and immediately cease and you shall stop using the Site, Services and Applications. Termination shall not affect the rights of Tomlibo to recover from your losses, damages, indemnity, defence costs, expert costs, collection costs and/or attorney's fees or expert witnesses' cost or other costs of any kind under this Seller Agreement. The provisions of this Seller Agreement that by their nature are on-going, or as explicitly provided, will survive termination or expiration of this Seller Agreement for any reason.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any questions, complaints or claims, please contact us using our help-desk.
Tomlibo.com is owned & operated by Bigcart Ecommerce Pvt. Ltd, is a registered company in India. The registered address is 5B Lakeview Road, 1st Floor, Kolkata, 700029, WB, India.