RESELLER TERMS AND CONDITIONS
Updated: April 2020
As an authorized “Reseller Partner” (reseller 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, social media platforms or in your physical store.
1. General Terms and Conditions
Your participation in The Papery Reseller Partner Program (the program) is to legally sell The Papery’s own brand of products through your eCommerce store, social media platforms or in your store, 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 Reseller Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Reseller Program Application.
3. Paying for stock and mark ups
The wholesale price from The Papery is a set price that may change from time to time relating to inflation or production price increases. You will be notified via email in the case of any price increases.
The Papery offers a recommended retail price, but under no circumstances is the Reseller Partner held to these prices. You may sell at a higher or lower price, at your own discretion.
The difference between the wholesale 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.
All goods to be paid in full before delivery, unless otherwise arranged with The Papery. Orders will only be sent to you on clearance of payment from you.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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.
Deliveries are restricted to the borders of The Republic of South Africa. Delivery to main centers will be door to door, using a service provider of The Papery’s choice. Deliveries to outlaying areas may be counter to counter, using a service provider of The Papery’s choice.
Orders should be sent off on the working day following full payment being received by The Papery. Deliveries take 1-8 working days, depending on the method of delivery and depending on 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 and/or for unforeseen circumstances
Delivery on orders of R1000 (ex VAT) or more, will be for The Papery’s account.
6. Return Policy
No returns on unsold good will be accepted, unless by prior arrangement with The Papery.
If a product is found to be faulty, it will be replaced and sent to the Reseller, with the next order.
Your Reseller 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.
- 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.
10. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Reseller 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 Reseller Partnership. Your continuing participation in the Program will constitute your acceptance of any change.
The Reseller 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 The Reseller Partner.
12. 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.
13 . Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the The Papery Reseller 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 Reseller Partner application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.