Seller agreement

Parties and scope

This agreement is between [LEGAL NAME], registered office [REGISTERED ADDRESS] ("ElBay"), and the business that holds a seller account on ElBay ("the seller"). It applies to every use of the seller dashboard and to every order created through it. By using the seller account, the seller accepts this agreement.

How ElBay works

The seller lists its products and creates payment parcels for its customers. ElBay is the seller of record towards the customer: it contracts with the customer, collects the payment through its payment provider and arranges shipping with DHL. The seller supplies the products and is responsible for them as set out below.

Eligibility and the account

The seller must be a business lawfully established in Algeria, such as a registered company, a trader on the commercial register or an auto-entrepreneur, and must give ElBay accurate details of its identity, registration, tax number and pickup address, and keep them up to date. ElBay may check them before activating the account.

A seller account is opened by ElBay for the term ElBay sets. The seller keeps its sign-in details secure and is responsible for everything done through its account.

The seller's products

For every product it lists, the seller confirms that:

• it owns the product or has the right to sell it, and the product is genuine and does not infringe anyone's trademark, copyright or other rights;
• the product may lawfully be sold, exported from Algeria and imported into the customer's country;
• the product is safe and meets the safety and labelling rules that apply to it;
• its description, pictures, price and stock are accurate and kept up to date.

Prohibited products

The seller must not list or send, among others:

• counterfeit or pirated goods;
• weapons, ammunition, explosives and their parts;
• drugs, medicines and other controlled substances;
• dangerous goods that DHL does not accept, such as flammable liquids, aerosols and loose lithium batteries;
• antiques, archaeological objects and other cultural property;
• products made from protected species, such as ivory or coral;
• products whose export from Algeria is prohibited or restricted, including subsidised products;
• currency, precious metals in bullion form and unset precious stones;
• food, tobacco and alcohol, unless ElBay has agreed to them in writing;
• anything DHL refuses to carry or the customer's country prohibits.

Customs and shipping data

The seller gives, for every product, an accurate customs description, tariff (HS) code, country of origin, weight and dimensions. Every parcel is declared at the price the customer actually paid; the seller must not ask ElBay to under-declare a value or to declare a sale as a gift.

The seller is responsible for the consequences of inaccurate product or customs information, including customs penalties, additional duties, returns and destroyed goods.

Packing and handover

The seller packs each order securely for international air transport and has it ready for DHL at its pickup address, with the label ElBay provides, at the time agreed for collection.

Orders and prices

ElBay calculates every order's total, shipping and duties itself. The seller must not ask a customer to pay outside ElBay, or to pay any surcharge, for an order created through ElBay.

Fees

ElBay charges sellers no fee during the beta. ElBay will give at least [N] days' notice before introducing a fee, and a fee never applies to an order created before it takes effect.

Paying the seller

For each paid order, ElBay records the amount it owes the seller. ElBay pays it as follows: [PAYOUT METHOD, CURRENCY AND TIMING].

ElBay may hold the amount for an order while a customer claim or a payment dispute about it is open, and may deduct from it a refund that ElBay made to the customer because of the seller's breach of this agreement, such as an inaccurate description, inadequate packing or a prohibited product. Each party is responsible for its own taxes.

Customer data

The seller uses the customer data it enters or sees on ElBay only to prepare and support the customer's order. It must not use it for marketing, share it or keep it longer than needed, and must protect it as required by Algerian Law 18-07 on the protection of personal data.

Suspension and termination

ElBay may suspend or close a seller account, with immediate effect where necessary, if the seller breaches this agreement, lists a prohibited product, gives inaccurate customs information, or puts customers or ElBay at risk. The seller may stop using ElBay at any time. Orders already paid must still be fulfilled.

Liability and indemnity

The seller indemnifies ElBay against any claim, fine, customs penalty or cost arising from its products, the information it gives, or its breach of this agreement.

ElBay is not liable for indirect losses or loss of profit, and its liability for an order is limited to the amount it owes the seller for that order, except where the law does not allow such a limitation.

Confidentiality

Each party keeps confidential the non-public information it receives from the other about its business.

Changes and governing law

ElBay may change this agreement by notifying sellers at least [N] days in advance; continuing to use the seller account after that date means accepting the change.

This agreement is governed by [GOVERNING LAW], and disputes are heard by [COMPETENT COURTS].