DROP SHIPMENT TERMS AND CONDITIONS
Updated: April 2020
As an authorized Drop Shipment Partner (drop shipment partner, you, your) of The Papery (The Papery, we, us), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting The Papery’s products on your website or social media platforms.
1. General Terms and Conditions
Your participation in The Papery Drop Shipment Program (Program) is to legally sell The Papery’s own brand of products through your eCommerce store or social media platforms by way of your own marketing or personal referrals.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
By signing up for the Program, you indicate your acceptance of this Agreement and its terms and conditions.
2. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Drop Shipment Partnership application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Drop Shipment Partnership application.
3. Paying for stock and mark-ups
The drop shipment price from The Papery is a set price that may change from time to time relating to inflation or production price increases. You will immediately be notified via email in the case of any price increases.
The Papery offers a recommended retail price, but under no circumstances is the Drop Shipment Partner held to these prices. You may sell at a higher or lower price, at your own discretion.
The difference between the drop shipment price and your selling price, less any expenses incurred by you in the process of making your sale, would constitute your profit. Being VAT registered would affect that profit accordingly.
As the Drop Shipment Partner, it is your sole responsibility to collect the full payment, including the delivery fee, from your customer.
Once a Drop Shipment Partner is satisfied that their customer has paid them, an order is to be placed with The Papery. Orders will only be sent to your customer on clearance of payment from you.
All efforts will be made by The Papery to send the correct products and products that are not faulty. In the event of an incorrect or faulty product being sent, The Papery will, at it’s own cost, resend the product to the customer, unless the error is a direct result of incorrect information being supplied by the Drop Shipment Partner.
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Deliveries are restricted to the borders of The Republic of South Africa. Delivery to main centers will be door to door, either by a representative of The Papery, or using a service provider of The Papery’s choice. Deliveries to outlying areas are mostly counter to counter and would be by a service provider of The Papery’s choice.
Orders are sent off on the working day following full payment being received by The Papery, except in the case of unforeseen circumstances. Deliveries take 1-8 working days, depending on the method of delivery and where the client is based. From time to time a delivery is delayed. The Papery takes no responsibility in the event of this delay being out of their control. In the event of a parcel not arriving at the destination, The Papery will resend the goods as long as stock is available and as long as the non-delivery was not a direct result of the customer a) not being available to receive the delivery or b) not collecting the parcel from the selected service provider.
Your drop shipment application and status in the Program may be suspended or terminated, with immediate effect, for any of the following reasons (each, a Termination Event):
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (illegal mass email or mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Violation of intellectual property rights. The Papery reserves the right to require license agreements from those who employ trademarks of The Papery, in order to protect our intellectual property rights.
- Fraudulent transactions, suspected drop shipment fraud.
- Breach of your obligations under this Agreement.
- Actions which bring or are likely to bring disrepute or damage to the reputation of The Papery (by association or otherwise) or cause any adverse effects to the interests of The Papery.
In addition to the foregoing, The Papery may terminate this Agreement, without cause and for no reason, by giving the Affiliate not less than seven (7) calendar days’ written notice.
The Papery clearly describe that all contents included on its websites, such as text, articles, graphics, logos, banners, photographs, button icons, audio clips, digital downloads, data compilations and software are the property of The Papery or its content suppliers, it also protected by South African and international copyright protection laws.
The Papery will not be liable for any indirect or consequential losses (including, but not limited to, third party claims and/or loss of (or anticipated loss of) image, business, commercial opportunity and/or profits, revenue or commission) punitive or exemplary damages or expenses, whether or not foreseeable.
We do not make any expressed or implied warranties with respect to products sold by The Papery. We make no claim that the operation of our website(s) will be error-free and we will not be liable for any interruptions or errors.
9. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Drop Shipment Partnership is terminated.
The terms and conditions of this Agreement may be modified by us at any time. [We will provide you with written notice of any changes.] If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Drop Shipment Partnership. Your continuing participation in the Program will constitute your acceptance of any change.
Drop Shipment Partner shall indemnify and hold harmless The Papery and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by The Papery to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Drop Shipment Partner.
11. Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of South Africa.
Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the magistrate’s court, Cape Town, South Africa.
12 . Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Papery Drop Shipment Partnership. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Papery Drop Shipment Partner application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.