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Marketplace Seller Agreement


Updated at: December 18, 2019

1. The Marketplace
2. Account Setup
3. Eligibility Requirements
4. Marketplace Fees
5. Required Communication
6. Stock Check & Shipping Expectations
7. Seller Restrictions
8. Customer Information
9. General Data Protection Regulation (GDPR)
10. Payments
11. Taxes
12. Termination
13. Warranty
14. Risk Of Loss
15. Disputes
16. Jurisdiction
17. Content Agreement
18. Severability

In order to sell items in the Online Marketplace on Playy.World (the “Platform”), you must agree to the Marketplace Seller agreement outlined below, which includes our Privacy Policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Platform, you agree to be bound by all terms and conditions of this Marketplace Seller Agreement.

The Platform is operated by Playy.World Pte Ltd . (“Playy.World”), which reserves the right to make changes to this Marketplace Seller Agreement at any time. Continuing to sell items in the Platform will constitute your agreement to the revised Marketplace Seller Agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the Marketplace Seller Agreement may occur without direct notice to you.

The Marketplace

Playy.World provides an online service that allows third party sellers to sell their products to buyers. Playy.World does not act nor represent ourselves as the agent for either buyers or sellers. Our service is to provide a platform for these transactions to take place.

Account Setup

You must login with an existing account or complete the user registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone except authorized employees (if you are a retail business or game store). You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Platform through your Account will be deemed as being used by you. Your Account is non-transferable and non-assignable.

Eligibility Requirements

Listing items for sale in the Platform is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account info for payment and agree to the Marketplace Seller Agreement.

Your bank account information is required and is used primarily for security and disbursement reasons. Please note that the bank account you have shared must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information. If an incorrect bank account is provided and your disbursement is transferred to another account erroneously, it is your responsibility to retrieve the funds.

Marketplace Fees

For all items sold through its marketplace, Playy.World charges a small fee based on a percentage of the sale price. The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee is only charged for Completed Transactions, and deducted on the crediting of the sale amount to the seller’s Playy.World account.

By listing an item for sale in our marketplace, you agree to pay the applicable fees and any collection costs related to non-payment of fees. For the disbursement of your Playy.World account balance into your bank account, your bank may impose transfer fees that are immediately payable and deducted via your bank transfer amount. By listing an item for sale on the Site, you authorize Playy.World to make disbursements to your bank account for your amounts due.

Please refer to the Seller Fees for the applicable fees for item sale.

Required Communication

Playy.World requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging services. All messages shall ideally be replied to within 24hrs. Please resolve all customer issues related to the Playy.World marketplace within 48hrs if possible. You are also required to notify Playy.World on changes to the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update or responding to a complaint.

Stock Check & Shipping Expectations

All stock availability request from buyer to sellers must be replied within 24 hours. The request for stock availability leading to purchase will be cancelled, if the seller does not reply within 24 hours.

All orders should be shipped by buyers to customers within 24 hours, and must not be longer than 36 hours.

The shipment delivery time frame is provided by the respective shipping service that the buyer selects.

Seller must provide the shipment tracking ID, if included in the transaction, within 36 hours of the orders.

Failure to provide shipment notification within 2 days may cause your transaction and any associated payment to be withheld or cancelled at our sole discretion. Please carefully read our Playy.World Shipping Guidelines. As part of the Marketplace Seller Agreement, you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking.

Playy.World may step in to assist in the tracking of the shipment for unexpected delays.

The Seller also waives the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Playy.World Shipping Guidelines.

All orders made through the Platform, are to be delivered through the mail and courier services in the Platform to buyers, unless they are an In-Store Pickup order. No attempts to meet in-person to transact should be attempted.

Seller Restrictions

Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Playy.World. Marketplace transactions must take place between two different individuals, organizations or entities. Playy.World reserves the right to refuse service to anyone at any time for any reason.

Playy.World determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace. Please note that if you are listing presale items, you should be following your publisher or distributor’s restrictions and regulations when using our Marketplace.

Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date and follow the Playy.World Shipping Guidelines. Failure to ship by the provided date or follow the Playy.World Shipping Guidelines may be grounds for termination of your Account.

Customer Information

You must keep any customer information you receive confidential and secure. In general, you should not share your Playy.World login information with anyone other than authorized employees. Any employees or individuals who have access to your Playy.World account must also keep login and buyer information secure. If you store buyer information anywhere outside of the Platform, you must store that information securely where unauthorized individuals cannot access the information. In addition, you may not share buyer information through social media platforms, such as Facebook. If you are collecting buyer information for the purpose of marketing, you must obtain consent before doing so.

General Data Protection Regulation (GDPR)

GDPR stands for the General Data Protection Regulation, a European Union (EU) law that regulates how personal information can be collected, stored, and used in an effort to protect online users. Under this law, residents of the European Union have the right to know who is collecting their personal information and for what purpose it is being used.

If you sell to individuals residing within the European Union, the law applies to you. In addition, as a Playy.World seller, you must adhere to the GDPR regulations and follow best practices when handling a buyer’s personal information. You may receive certain information about buyers, such as names, mailing addresses, phone numbers and email addresses. It’s important that you keep this information confidential and secure.

In addition, residents in the EU have the “right to be forgotten” and we will make every attempt to comply with rules under GDPR Article 17, Paragraph 2. If we forward you a buyer’s request to be forgotten, you must comply and delete all personal information you have in your possession.

Payments

After a Completed Transaction has taken place, Playy.World credits the net proceeds from the sale to the seller’s account in Playy.World. Keep in mind that refunds to buyers, selling fees and other transactions are debited against amounts credited to your Playy.World account from sales. You can withdraw your funds in your Playy.World account to be transferred to your designated bank account on Monday & Thursday of each week. To receive funds, you must ensure that your bank account information is correct and will be made in either your local country currency or US Dollars.

As a security measure, Playy.World may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement or adjustment, the cumulative value of all transactions, disbursements or adjustments during a period of time, or the number of transactions per day or other period of time. Playy.World will not be liable to seller: (i) if we do not proceed with a transaction, disbursement or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving your Playy.World account.

If Playy.World reasonably conclude based on information available to us that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to the seller if we act in accordance with the provisions of this section.

Taxes

It is the seller’s responsibility to manage any taxes associated with a transaction. Playy.World may provide tools that allow a user to charge sales tax on transactions, but Playy.World will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Playy.World is not responsible for determining when tax should be charged.

Termination

The seller can terminate participation in our marketplace at any time by written notice to Playy.World. Playy.World reserves the right to terminate a user’s participation in the marketplace at any time for specific reason at its sole discretion, with or without notice to user. Playy.World reserves the right to monitor user accounts to determine if policies or laws are being broken. Playy.World reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay Playy.World any fees that were incurred prior to the effective date of termination, and any pending transactions will be cancelled.

Playy.World reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by Playy.World to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, Playy.World will disburse to seller any amount not used to offset chargebacks, refunds, adjustments or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments or other amounts paid to buyers, as applicable.

Warranty

The Platform is provided as is and without warranty. Playy.World makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guarantee our marketplace will always be available. Playy.World will not be liable for any loss due to our marketplace not being available. Playy.World will not be liable for any loss due to errors in our software or the software of others that we use.

Risk Of Loss

Playy.World may refuse service to anyone for specific reasons. Playy.World may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to disburse to a seller. Playy.World will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. Playy.World reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer's credit card issuer for the amount of the buyer's purchase from the seller. Playy.World may obtain reimbursement of any amounts owed by the seller to Playy.World by deducting from future payments owed to the seller, reversing any credits to the seller account balance, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.

Disputes

Because Playy.World is not directly involved with transactions between buyers and sellers, you agree to release Playy.World from claims, demands and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, Playy.World Customer Success team may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, Playy.World Customer Success team may apply for full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Success team.

Jurisdiction

Any claim against Playy.World in relation to our marketplace shall be adjudicated in a court in Singapore and you agree to the exclusive jurisdiction of these courts. This agreement shall be governed by Singapore law, without regard to conflict of laws principles thereof.

Content Agreement

By agreeing to the Marketplace Seller Agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.

Severability

If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Playy.World does not constitute a waiver of Playy.World’s right to enforce such section or any other section in the future.