This present agreement is established in order to set up a contractual relationship by and between:
www.esellpoint.com a private limited company incorporated in Bangladesh under the respective Companies Act 1994; having an office at Mirpur DOHS, Dhaka-1215, Bangladesh and operates an online marketplace at www.esellpoint.com
The Seller (hereinafter referred to as “Seller”), a sole proprietor/company, registered under the laws of the People’s Republic of Bangladesh. esellpoint.com and Seller are hereinafter referred to collectively as the “Parties” and individually as a “Party”) This document is an electronic record in terms of Information Technology and Communication Act 2006 and the amended provisions pertaining to Information Technology and Communication Act of 2006. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. esellpoint.com shall receive and process all payments for Products purchased on the Platform on behalf of the Seller. esellpoint.com shall make payment of the amount of the Listed Price for the Product(s) received from a Customer, less its commission for the sale of the Product(s), less any service Fees/Penalties or any other amounts due if applicable, subject to its right of set-off under this agreement.
2. The payments will be made to the Seller on a monthly basis to the Bank Account, provided that payment related to any Product shall be initiated not less than 30 days after the Product has been successfully delivered to the Customer. Timelines of payments can be viewed at Payment Policy.
3. esellpoint.com will ensure payment statements are available on the Seller Center with all relevant payment information.
4. All payments will be made in BDT. In case the Seller wishes to change the information for the Bank Account, it may do so by updating its Bank Account information through the Seller Center. Payments will be made via online transfer to the Bank Account specified by the Seller in the Seller Center.
5. The Seller agrees that eSellpoint shall not be liable for any failure to make payments arising due to incomplete or inaccurate information provided by the Seller with regards to its Bank Account.
6. In case a payment has been issued by eSellpoint to the Seller for a delivered item that is later returned to eSellpoint by the customer, eSellpoint will deduct the equivalent amount in the next cycle and return the product to the Seller (subject to return policy).
7. In case a Seller’s Product is lost by eSellpoint and/or 3PL during transit or handling, eSellpoint will reimburse the Seller for the Product in question.
8. In case the Seller raises a dispute about the condition of a returned Product (e.g. Product is damaged), esellpoint will reimburse the Seller for the Product in question given the case is reviewed and accepted by eSellpoint in favor of the Seller. For such reimbursement, the title of ownership of said Product shall only pass to in eSellpoint the case eSt esellpoint to eSellpoint .
9. eBasket shall be entitled to deduct or withhold from payments to be made to the Seller under this agreement any duties, taxes or other amounts required to be deducted or withheld under any law applicable in Bangladesh and to remit the same to the taxing authority of any jurisdiction relevant to the transaction.
10. Any sums due to the Seller hereunder may be applied by eSellpoint as a set-off against any sums owed by the Seller to eSellpoint , or against any claims of third parties against eSellpoint arising from the Seller’ performance, whether under this agreement, any Contract or another document.
11. The Seller shall be responsible for payment of all customs duties, sales tax, excise tax, value-added tax and any other duties, excess, fees or charges of whatsoever nature and provide Musok-11 Form (wherein applicable) which may be imposed by governing authorities of any jurisdiction applicable in connection with sale or supply of its Production the Platform and their purchase by Customers. It is clarified that the Seller shall be solely responsible for the payment of any sales tax on the supply of these products to the Customer through the Platform and eBasket shall have no liability in this regard.
The Seller warrants to eSellpoint that all its products sold on the Platform, whether manufactured, imported or otherwise produced or provided by the Seller or others, will:
Strictly conform to the specifications, drawings, samples, performance criteria, and other descriptions referred to or provided on the Platform.
Be of merchantable quality and fit for the purpose(s) intended; and Have all relevant regulatory permits and licenses, and conform to all applicable laws, ordinances, codes, and regulations.
The Seller furthermore warrants and represents to eSellpoint that:
It is competent to enter into this agreement and any Contract and its entry into this agreement and any Contract and the performance thereof have been duly authorized by all necessary corporate action and constitutes a valid and binding agreement of the Seller, enforceable against the Seller in accordance with the terms thereof.
The Products and their packaging will comply with all applicable marking and labeling requirements.
None of the Products have been or will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor.
It and its subcontractors, agents, and suppliers involved in producing or delivering the Products will strictly adhere to all applicable laws of Bangladesh and other countries where the Products are produced or delivered, regarding the operation of their facilities and their business and labor practices, including without limitation working conditions, wages, hours and minimum ages of workers.
All customs duties, excise tax, and any other tax on the import, manufacture, or production of the Products have been duly paid.
It is legally entitled and permitted to sell the Products that it is listing.
The Products are not dangerous and do not contain any hazardous substance, contraband, explosives, or any kind of prohibited material as per law.
It will package and ship all Products in accordance with all applicable laws and the Seller shall be solely responsible for any violation of the law and will indemnify eSellpoint against the consequences of any such violation.
All information, including but not limited to all information furnished to eSellpoint with regards to the Products is accurate and up-to-date.
eSellpoint shall not host, display, upload, modify, publish, transmit, update or share any information which infringes any patent, trademark, copyright, proprietary rights, third party’s trade secrets, rights of publicity, or privacy, is fraudulent or involves the sale of counterfeit or stolen items.
All formal consents, waivers, approvals, authorizations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the Seller in connection with the entry into this agreement or any Contract and the performance of the same, have been made or duly obtained.
The entry, delivery, and performance of this agreement or any Contract by the Seller will not violate or conflict in any material respect with any law applicable in Bangladesh.
In its performance under this agreement and any Contracts entered into with Customers, the Seller shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations, and specifically with any import and export, and health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international, country, region, state, province, city, or local) where this agreement may be performed. Upon wellpoint's written request, the Seller shall provide any written certification of compliance required by any federal, state, or local law, ordinance, code, or regulation.
If necessary, the Seller shall be obliged to procure all formal consents, waivers, approvals, authorizations, exemptions, registrations, and/or licenses necessary for eBasket to feature the Products on the Platform, at its own cost. eBasket may at any point require the Seller to provide relevant financial, business, or personal information for any purpose whatsoever, and the Seller shall provide the same to eSellpoint within fifteen (15) Business Days of such request being made. It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing or of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and require our directors, officers, and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.