These Terms and Conditions are applicable to sellers/vendors and/or buyers using the PT INDONOR INDONESIA easy shopping marketplace (hereinafter referred to as “INDONOR Easy Shopping”).
These Terms and Conditions are a valid and enforceable contract between you and PT INDONOR INDONESIA (hereinafter referred to as the “Company”, “us”, “we”, etc). By joining INDONOR Easy Shopping as a seller/vendor or as a buyer or using INDONOR Website (as defined below), you agree to be bound by these Terms and Conditions.
INDONOR Easy Shopping is operated by PT INDONOR INDONESIA, reg. no. 0220702872154, reg. address: Menara Mandiri Lantai 16, Private Office 02, Jalan Jenderal Sudirman Kavling 54-55, RT 005, RW 003, Kelurahan Senayan, Kecamatan Kebayoran Baru, Kota Jakarta Selatan 12190, Indonesia.
INDONOR Easy Shopping is a marketplace that allows users to sell and buy various products.
Any guidance we provide as part of our Services (as defined below), such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, PT INDONOR INDONESIA has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers/vendors to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Definitions
- “Content” means the textual, visual or audio content that is encountered as part of your experience on INDONOR Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by the vendors/sellers.
- “INDONOR Website” means any website of PT INDONOR INDONESIA and includes all web pages controlled by us.
- “Post” means place on or into INDONOR Website any Content or material of any sort by any means.
- “Product” means any item offered for sale by vendors/sellers on INDONOR Website, whether physical goods, or downloads, or services, or any other.
- “Service” means all of the services available from INDONOR Website, whether free or charged.
Our contract
- The relationship between us is solely that:
- in consideration of a fee charged by us, we provide for the vendors/sellers and buyers an Internet market place as an arm’s length contractor/intermediary;
- we act as the vendors’/sellers’ agent solely in the collection of money paid by the buyers;
- we are not partners or joint venturers;
- we are not related to any Product sold through INDONOR Website.
- If a vendor/seller places a Product for sale on INDONOR Website, such vendor/seller undertakes to be bound by these Terms and Conditions and any other terms and conditions, agreements, policies, etc. available on INDONOR Website.
- If a buyer searches for and purchases a Product through INDONOR Website, such buyer undertakes to be bound by these Terms and Conditions and any other terms and conditions, agreements, policies, etc. available on INDONOR Website.
- When a vendor/seller places a Product on INDONOR Website, such vendor/seller shall be bound to comply with any applicable legislation, both national and international.
- Although we are not a party to the contract between a vendor/seller and a buyer, we may remove the Products of such vendor/seller from offer if the buyer or any INDONOR Website visitor has a valid complaint against such vendor/seller. In such case we may also block such vendor/seller from the use of INDONOR Website and terminate our legal relationship with such vendor/seller.
- We may change these Terms and Conditions in any way and at any time. It is the sole responsibility of the vendors/sellers and/or buyers to check for any new versions of these Terms and Conditions posted on INDONOR Website in order to check for their rights and obligations hereunder. If a vendor/seller or a buyer is not agree to any amendment hereto, such vendor/seller or buyer shall immediately stop the use of INDONOR Website both to sell and/or to buy Products through INDONOR Website.
- Subject to these Terms and Conditions and to all other legal documents and/or the procedures set out on INDONOR Website, you may sell and/or buy Product through INDONOR Website.
- The relationship between us is solely that:
Product placement
- Vendors/sellers agree that they shall:
- not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a buyer before purchase;
- not place any Product which is forbidden or restricted for sale by any applicable national or international legislation;
- remove from sale on INDONOR Website any Product which for any reason, the vendor/seller is unable to supply;
- not re-post any Product we remove from offer for sale.
- Vendors/sellers agree that they shall:
Delivery
- Any and all deliveries of physical Products shall be made by a vendor/seller subject to a contract between the vendor/seller and a buyer. Both the vendors/sellers and the buyers hereby explicitly understand and acknowledge that PT INDONOR INDONESIA does not offer, is not responsible for and is not liable for any matters related to delivery of the Products and acts solely as an intermediary to facilitate the vendors/sellers and the buyers to find each other and perform the respective payments for the Products as specified below.
- The vendors/sellers hereby undertake to notify the buyers and, at the request its first demand, PT INDONOR INDONESIA on the date of sending, tracking numbers, that the Product has been dispatched and of the expected delivery date (if known).
- If at any time, any buyer notifies the vendor/seller of non-delivery within the time scale offered by such vendor/seller on INDONOR Website, the vendor/seller shall investigate and inform the buyer about such investigation and notify the buyer when the vendor/seller expects to be able to deliver the Product. The vendor/seller shall either provide additional tracking details or offer a resolution, such as a replacement or a refund.
- If the buyer has received the purchased Product but it’s faulty, damaged, or doesn’t match the listing description, the vendor/seller shall work with the buyer to resolve the issue in order to either provide the buyer with the Product of good quality or to agree on the refund of the purchase price paid by the buyer. In case of return of the faulty Product to the vendor/seller and shipping the Product of good quality, the vendor/seller may also cover the shipping costs depending on the vendor’s/seller’s return policy as specified in the Product description as well as the applicable national or international legislation.
- The buyers hereby explicitly confirm and acknowledge that any delivery and/or return policies applicable to the Products offered by various vendors/sellers through INDONOR Website are sole responsibility of such vendors/sellers whereas PT INDONOR INDONESIA is not anyhow involved in the delivery and/or return of the Products.
- The vendors/sellers are not allowed to include information in their listings or return policies which may mislead buyers about their rights under the applicable legislation. The vendors/sellers hereby undertake to advise buyers what rights they may have under under the applicable.
- The vendors/sellers hereby acknowledge and agree that we, at our discretion, may automate some aspects of the returns and refund process if no reply is received to a return request of the buyer. The vendors/sellers also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any returns and/or refunds where a buyer and seller cannot come to agreement.
- The vendors/sellers hereby agree that they shall:
- try their best to reply to the buyer within 3 business days to any return claims or disputes; if no response is received within 3 business days, INDONOR Easy Shopping will have to step in to find a solution;
- comply with any applicable consumer protection laws and regulations, relating in particular to the vendors’/sellers’ obligations to provide full information and accept cancellations and returns;
- when the vendor/seller has an obligation to return money to a buyer for any reason as envisage by the applicable legislation, such vendor/seller shall do so if the funds have already been transferred to the vendor/seller by PT INDONOR INDONESIA or shall not try to hinder PT INDONOR INDONESIA from refunding the funds to the buyer if they have not yet been transferred to the vendor/seller; the vendors/sellers hereby acknowledge and agree that PT INDONOR INDONESIA’s decision on the refund of the funds to the buyer shall be final;
- in the event that a Product ordered is not available, the vendor/seller shall inform the buyer about it and offer a replacement product or refund any money paid;
- the vendors/sellers shall provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
The selling procedure
- When Posting a Product, it is important that the vendor/seller sets up its own terms and conditions for buyers, such as return & refund policy. It is important that the vendor/seller clearly specifies the terms and conditions of the sale so that the buyers know what to expect. Please make sure to include the following details in the Product listing:
- Return policy;
- Shipping method, costs, and other information;
- Taxes and any applicable government imposed fees;
- Terms of the transaction.
- INDONOR Easy Shopping is not responsible for the fulfillment by the vendor/seller of the contract to sell a Product.
- The vendor/seller hereby agrees and undertakes to tell us if at any time the supply is exhausted.
- When Posting a Product, it is important that the vendor/seller sets up its own terms and conditions for buyers, such as return & refund policy. It is important that the vendor/seller clearly specifies the terms and conditions of the sale so that the buyers know what to expect. Please make sure to include the following details in the Product listing:
Taxation
- The vendors/sellers and the buyers hereby acknowledge and confirm that they are generally responsible for any Goods and Services Tax (GST), sales tax, or any other taxes that apply to Products sold through INDONOR Website. For more information about your tax obligations, please contact your respective tax authorities or tax advisors in your country.
- In any jurisdiction where PT INDONOR INDONESIA has an obligation to collect tax on consumer purchases:
- PT INDONOR INDONESIA may add the applicable tax to the Product price displayed to the buyer;
- PT INDONOR INDONESIA will display the tax amount at checkout once the buyer’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
- PT INDONOR INDONESIA will collect this amount via any means available to us, including by deducting the necessary amounts from the funds which are to be transferred to the vendor/buyer, and remit the tax to the relevant authority.
- As a vendor/seller, you acknowledge and agree that where PT INDONOR INDONESIA has an obligation to collect tax on consumer purchases and that we may not report tax collected to you.
Our commission and payments to the vendors/sellers
- INDONOR Easy Shopping serves as a secure place for payments by the buyers for the Products offered by the vendors/sellers through INDONOR Website:
- The buyers when purchasing the Products make payment for such Products through INDONOR Easy Shopping automated payment system only in order to be sure that their funds are secure and will be refunded to the buyers if the vendors/sellers do not dispatch the purchased Products to the buyers;
- The funds paid are kept on PT INDONOR INDONESIA bank accounts until the vendor/seller confirms that the Product purchased by the buyer is dispatched to the buyer;
- If the vendor/seller does not notify us that it has dispatched the Product to the buyer within the term indicated in the description of the Product or if the buyer notifies us that the Product has not been dispatched within the same term, we may provide the vendor/seller with a reasonable time to dispatch the Product and confirm he dispatch to us. If the vendor/seller does not notify us within the given period of time that the Product has been dispatched to the buyer (with provision of the documents proving such dispatch), we have the right to refund the money paid for the Product to the buyer and the vendor/seller hereby acknowledges and confirms that such refund shall not be challenged by the vendor/seller;
- We will pay the vendors/sellers within 10-60 working days of confirmed dispatch of the Products to the buyers;
- If the buyer notifies us that the delivered Product is defective, the provisions of clause 4 hereof shall apply.
- Joining INDONOR Easy Shopping as a vendor and posting items for sale is free. We do retain a proportion/commission of each sale. Such commissions are set by PT INDONOR INDONESIA and are made available for the vendors/sellers on a regular basis either through INDONOR Website, or through personal correspondence with the vendors/sellers, or by any other means of communication at the discretion of PT INDONOR INDONESIA.
- The vendors/sellers hereby acknowledge and agree that the applicable commissions may change at any time and confirm that the vendors/sellers are solely responsible to check the commissions applicable at any given moment of time.
- The Products are offered to the buyers at the price indicated by the vendors/sellers, subject to these Terms and Conditions and also the other requirements we set out on INDONOR Website from time to time.
- Our fees and commissions are payable on demand. The vendors/sellers irrevocably authorise us to deduct them from sums paid to us by the buyer.
- INDONOR Website selling system is an automated system.
- If an action by a buyer results in a charge back to our account, the vendor/seller agrees that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to such vendor/seller, at or after that time.
- If the vendor/seller or we accept any cancellation and consequently refund money to a buyer, we are not obliged to repay commission to the vendor/seller.
- If in our discretion we believe that the vendor’s/seller’s performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe any vendor/seller is in breach of these Terms and Conditions, we are free to hold back payments to such vendor/seller until we are satisfied that disputes have been settled and / or breach rectified. In these cases, we are also free to terminate legal relationships with the vendors/sellers.
- INDONOR Easy Shopping serves as a secure place for payments by the buyers for the Products offered by the vendors/sellers through INDONOR Website:
Advertising the Products
- PT INDONOR INDONESIA may at its discretion offer advertising services to specific vendors/sellers. If such vendors/sellers accept our offer to advertise market or promote your Product, the following conditions apply.
- We may use the services of a specialist Internet marketing business cooperating with INDONOR Easy Shopping;
- Without prior consent of PT INDONOR INDONESIA, the vendors/sellers shall not contract with any other person or company for specialist services to advertise Products Posted on INDONOR Website. Here the vendor’s/seller’s obligation is limited to the extent of the price charged and due to us;
- The prices charged to the vendors/sellers will include all payments we make to others;
- We give no guarantee as to the success of any advertising placed;
- We might post information about the Products, including images, on our social media platforms.
- PT INDONOR INDONESIA may at its discretion offer advertising services to specific vendors/sellers. If such vendors/sellers accept our offer to advertise market or promote your Product, the following conditions apply.
Product warranties
- The vendors/sellers hereby warrant that any Product placed on INDONOR Website for sale:
- is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing any intellectual property rights, or otherwise injurious to any third party;
- does not offend against the law of any country whose citizens might purchase it.
- The vendors/sellers hereby warrant that they own the copyright of any Content they place on INDONOR Website for sale, or that they have the permission of the copyright owner:
- to enter or upload that Content;
- to receive the net proceeds of such sales as arise.
- The vendors/sellers hereby warrant that any Product placed on INDONOR Website for sale:
How we handle Content
- If a vendor/seller Posts Content to any public area of INDONOR Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
- The vendors/sellers hereby irrevocably authorize us to publish feedback, comments and ratings about the Products, services and activities through INDONOR Website, even though it may be defamatory or critical. If a vendor/seller has a problem with feedback or thinks it is not true, such vendor/seller is solely responsible to contact the person who Posted such feedback, comment, rating and solve this issue individually with such person.
- Posting Content of any sort does not change the vendor’s/seller’s ownership of the copyright in it. We have no claim over it and we cannot protect such vendor’s/seller’s rights.
- The vendors/sellers understand that they are personally responsible for their breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by such vendors/sellers.
- The vendors/sellers accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us right away of any security breach or unauthorised use of your account.
Using INDONOR Website
- We invite vendors/sellers to Post Content to INDONOR Website for marketing their products and services. We have to regulate the use of INDONOR Website to protect our business and our staff, to protect other users of INDONOR Website and to comply with the law.
- While using INDONOR Website, you will not:
- be unlawful, or tend to incite another person to commit a crime;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- infringe any laws, third party rights or our policies;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- use a Posting to solicit responses unconnected with the purpose of INDONOR Website or the terms proposed by these Terms and Conditions.
- sell or buy on INDONOR Website if you are not able to form legally binding contracts, are under the age of 18 or are suspended from selling or buying on INDONOR Website;
- circumvent or manipulate our fee structure, the billing process, or fees owed to INDONOR Easy Shopping;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- distribute viruses or any other technologies that may harm INDONOR Website or the interests or property of INDONOR Easy Shopping users;
- harvest or otherwise collect information about users, including email addresses, without their consent.
- Offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of INDONOR Easy Shopping, you may be liable to pay a commission fee applicable to that item.
- The vendors/sellers and the buyers hereby irrevocably acknowledge and agree that we, at our sole discretion, may refuse, or edit, or remove any Content and/or Posting, either in full or in part, which does not comply with these Terms and Conditions, any other binding document on INDONOR Website, any applicable law or regulation.
- The vendors/sellers and the buyers hereby irrevocably agree that they will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of INDONOR Website, or any software used within it;
- link to INDONOR Website in any way that would cause the appearance or presentation of INDONOR Website to be different from what would be seen by a user who accessed INDONOR Website by typing the URL into a standard browser;
- download any part of INDONOR Website, without our express written consent;
- share with a third party any login credentials to INDONOR Website.
Copyright and other intellectual property rights
- All Content on INDONOR Website is the property of either us, our affiliates or vendors/sellers of Products for sale. It is all protected by national and international copyright laws.
- You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in these Terms and Conditions or with our written consent.
- For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
Interruption to the Service
- We give no warranty that the operation of INDONOR Easy Shopping will be satisfactory to you.
- We will do all we can to maintain access to INDONOR Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
- You acknowledge that our Service may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service and/or operation of INDONOR Easy Shopping and/or INDONOR Website.
Trading on INDONOR Easy Shopping and limitation of liability
- While we try our best to maintain a safe trading environment, you accept that there are unfortunately sometimes risks when trading online and using INDONOR Website, including dealing with fraudulent people.
- You will not hold INDONOR Easy Shopping responsible for other users’ content, actions or inactions, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
- You acknowledge that INDONOR Website is a venue to allow anyone to sell, and buy Products, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers.
- We have no control over the ability of buyers to pay for items and/or vendors/sellers to supply such items or that a buyer and a vendor/seller will actually complete a transaction.
- You must ensure that you comply with your obligations and are aware of any laws relevant to you as a vendor.
- You alone, and not INDONOR Easy Shopping, are responsible for ensuring that your listing, selling, buying and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws, either national or international. You must also ensure that you strictly comply with these Terms and Regulations and the policies and other documents which are available at INDONOR Website and which make an integral part of a contract between us together with these Terms and Conditions.
- We do not take ownership of the Products at any time and do not transfer legal ownership of the Products from the vendor/seller to the buyer.
- We cannot guarantee continuous or secure access to INDONOR Website, and its operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use INDONOR Website or Services.
- INDONOR Website and Services are provided “as is”. As to INDONOR Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
- as to fitness of INDONOR Website and Service for a particular purpose;
- as to availability and accessibility, without interruption, or without error;
- any obligation, liability, or remedy in tort whether or not arising from our negligence.
- You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
Indemnity
- You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms and Conditions, or your infringement of any law or the rights of a third party in the course of using INDONOR Easy Shopping and/or INDONOR Website.
Miscellaneous matters
- If any term or provision of these Terms and Conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- If you are in breach of any term of these Terms and Conditions or any other documents made available on INDONOR Website, we may:
- terminate your account and refuse access to INDONOR Website;
- remove or edit Content, or cancel any order at our discretion;
- terminate legal relationships between you and us and forbid you from registering with us again.
- Any obligation in these Terms and Conditions intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy shall operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
- The headings in these Terms and Conditions are for convenience only and shall not limit or otherwise affect any of the terms or provisions hereof.
- These Terms and Conditions, and all other documents mentioned herein and/or made available on INDONOR Website from time to time, constitute the final, exclusive and complete understanding and agreement of the parties and supersede all prior understandings and agreements. Nothing in these Terms and Conditions shall affect the liability of either party for fraudulent misrepresentation. Any waiver, modification or amendment of any provision of these Terms and Conditions shall be effective as of the date when such waiver, modification or amendment are made available on INDONOR Website.
- No behavior by either party hereto shall be deemed to constitute a waiver of any rights according to these Terms and Conditions, and/or a waiver of or consent to any breach or default in respect of any of the terms hereof, or a change, invalidation or addition to any term, unless expressly made in writing.
- So far as the law permits, and unless otherwise stated, these Terms and Conditions do not give any right to any third party.
- We shall not be liable for any failure or delay in our performance of these Terms and Conditions which is caused by circumstances beyond our reasonable control.
- In the event of any conflict between any term of these Terms and Conditions and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of these Terms and Conditions shall prevail.
- These Terms and Conditions, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Indonesia.
- Any dispute, controversy or claim arising under, out of or relating to these Terms and Conditions and any subsequent amendments of these Terms and Conditions or under any other documents made available on INDONOR Website, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be settled by the parties by means of negotiations. If the parties cannot reach an agreement within two calendar weeks following the initiation of the negotiations by a party, any of the parties may submit the claim for final settlement to the local courts of Jakarta, Indonesia.