ULTIMATE PRINCIPLES FOR THE USE OF BUFFLEBEE SERVICES
I.1. By selecting to utilize the Services, you register as a Retailer or Supplier on BuffleBee, indicating your full acceptance of these Terms and Conditions. If you are unwilling to agree to these Terms and Conditions, then do not use the BuffleBee Platform or the Services as a Retailer or Supplier.
I.2. The Retailer and Supplier Terms and Conditions, as presented hereby, may be amended or updated by BuffleBee now and then without notice and may have changed since your last visit to the Website or since you used the BuffleBee Platform. It is your responsibility to review these Retailer and Supplier Terms and Conditions for any changes.
I.3. Using our Services after the Terms and Conditions have been amended or updated values by itself your acceptance of such revised terms.
I.4. Any new features that may be added to this Website occasionally will be subjected to these Terms and Conditions unless stated otherwise. You should visit this page recurring to review these Terms and Conditions.
I.5. If you are agreeing to these Terms and Conditions on behalf of an entity, you hereby represent and warrant that you have all necessary permissions and authority to agree to these Terms and Conditions and to bind the entity to its Terms and Conditions.
Definition: For the purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the following meanings:
II.2. The Agreement sets forth the Sign-Up Form and these Retailer or Supplier Terms and Conditions (updated occasionally);
II.3. Terms and Conditions are all the clauses, provisions, stipulations and specifications, etc. comprised in the hereby Agreement that applies to all Retailers or Suppliers (as defined below) in order to use the Service;
II.4. Sign-Up Form stands for the online sign-up or registration form filled in by Retailer or Supplier and which refers to these terms, and which may set out certain commercial terms such as the terms, fees and features of the Service to be delivered to Retailer;
II.5. Services represent the services offered by BuffleBee and subscribed for by Retailer and Supplier under the Master Agreement; BuffleBee offers a complete range of services to help dropshippers automate their online business, and make their whole trade easier through automate eCommerce;
II.6. Supplier is any supplier who has subscribed to the BuffleBee Platform, primarily for the purpose of using the BuffleBee Platform as a marketplace for Retailers to list supplier’s products on their online store and having those products dropshipped by that Supplier to that Retailer’s End Customers;
II.7. Supplier Profile means the Supplier’s profile on the BuffleBee Platform, which is available for Retailers to view and on which Suppliers may detail information regarding the Supplier, its location, its terms of supply, Processing Time, Shipping Time and such other information as BuffleBee may permit or require occasionally;
II.8. Retailer signifies the entity registered as “Retailer” (the trader, most of the time) through the Sign-up form in order to receive dropshipping services from Suppliers according to these Terms and Conditions;
II.9. Retailer Order means an order by a Retailer to purchase Products from the Supplier, submitted through the BuffleBee Platform;
II.10. Retailer’s Subscription means the method at the Retailer disposal to receive our services regularly, by paying in advance a fee, which can be monthly or yearly;
II.11. End Customer is an end customer of a Retailer to whom any Products are to be dropshipped by the Supplier through the delivery company;
II.12. Dropshipped and dropshipping means sending Products directly from Supplier to an End Customer on behalf of a Retailer;
II.13. Products represent Supplier’s products listed by Supplier through the Service(BuffleBee platform), including, without limitation, those specified in the Sign-Up Form (if any). The product list may be updated at any time by the Supplier in conformity with the Terms and Conditions of this Agreement;
II.14. Product Specificationsrepresent technical specifications or additional details that describe the Supplier’s product, like the material used for a jacket or tech specs if the product is a laptop that can be of interest to the customers;
II.15. Listing Price represents the prices that the Supplier listed the Products on the BuffleBee Product Catalogue and which the Supplier shall charge Retailers for selling such products. Listing prices do not include transaction fees, taxes and shipping costs;
II.16. Business Currency is the currency selected by any Supplier or Retailer on the BuffleBee Account from USD, EUR, or GBP;
II.17. MAP means the minimum advertised price, being the lowest price a retailer can opt to advertise a product for online sale or in an advertisement;
II.18. RPP means the recommended retail price is also known as the list price. RRP is the price that the Supplier may choose to recommend to the Retailer to charge for a specific product. This is meant to help standardize prices amongst different locations;
II.19. Shipping Price means the cost listed on the BuffleBee Platform by Supplier for dropshipping any Products to End Customers; Shipping price shall be paid by the Retailer/End Customer;
II.20. Total Fees in respect of a Retailer Order represents the total value of the Listing Price for all Products ordered by the Retailer, the Shipping Price, and transaction fees that BuffleBee will take as a percentage from any sales, value added or similar taxes (if any);
II.21. Invoicing on your behalf is the automatically generated invoices by the BuffleBee Platform on behalf of the Supplier for every order received from Retailers in the platform;
II.22. Supplier’s Order Processing time is the number of business days to ship and provide the tracking number;
II.23. Delivery times is the estimated time it takes for the package to get to the customer after it is shipped;
II.24. Retailer’s Subscription means the method at the Retailer disposal to receive our services regularly, by paying in advance a fee, which can be monthly or yearly;
II.25. User (Team) is an employee, contractor or agent of Supplier who is authorized by Supplier to use the Service, and who has been supplied a user account and password by Supplier (or by BuffleBee at Supplier’s request) for the Service;
II.26. Return policy means all the Terms and Conditions set out by the Supplier for the return of its products, for specific reasons, which may be comprised in a general return policy(applicable for all its products) or in the related conditions to a single product/ to set of products;
II.27. Return Reasons means that the product delivered is damaged, is the wrong product, the product does not meet the quality, design, size, color features included but not limited to, with those described on the platform or is the wrong quantity;
II.28. Return Timeframe is the time limit, established by Supplier, in which a customer must register a return request for specific reasons, such as wrong product, wrong quantity, damaged product. Return timeframe countdown starts from the moment the order is confirmed/marked by the Supplier as shipped to the Retailer/End Customer plus the maximum shipping time specified by the Supplier;
II.29. Return Request Accepted by the Platform means the request registered by the Retailer/End Customer on the BuffleBee Platform for the return of the product within the return timeframe above mentioned and accepted by the Platform. The retailer/end customer has a maximum of 10 business days to return the product and provide the shipping tracking number;
II.30. The Default time limit for product returns is 30days and the minimum can be 7 days. This means that the customers can change their mind about the purchase and can return it within 30 days (if the Supplier chooses our default setup) or a minimum of 7 days from the day they receive the products;
II.31. Free Returns mean that the Supplier can choose, for a specific product page or on its Return Policy, not to charge anything for the shipping when a customer wants to return that specific product for any of the reasons defined in this regard, such as product is damaged, wrong product received, product not as described, wrong quantity received;
II.32. Images required signify pictures, required by the Supplier of the product that is returned, able to prove the reason for which customers want to return the products;
II.33. Override Return Timeframe means the timeframe in which a customer can return a product for certain reasons also specified by Supplier in the Returns Policy. The Supplier can set his own default time limit for product returns, be it for example 30 days, in the Returns Policy on Supplier’s BuffleBeeAccount, under Products. When the Override Return Timeframe is chosen on the product page, the default timeframe for returns is disabled and has to be provided another time limit for returns;
II.34. Shipping Specifications are all the details describing the delivered product: weight, height, or length, among others and they are necessary for choosing the optimal transportation service and calculating its cost;
II.35. Prime delivery is an ultra-fast delivery that means Supplier can provide one-day or at most three-days shipping in the countries you selected;
II.36. BuffleBee Escrow Payment System is a legal concept describing a financial instrument whereby escrow money is held by a third party – BuffleBee – on behalf of two other parties that are in the process of completing a transaction. BuffleBee Escrow accounts include escrow fees managed by us acting like agents who hold the funds until the fulfillment of predetermined contractual obligations;
II.37. Security of BuffleBee Online Escrow Payment System means all measures taken so escrow will protect the Retailer(buyer) and Supplier(seller) from fraud or nonpayment. BuffleBee online Platform acts as the middleman for online product sales. The Retailers and the Suppliers send the money to our escrow service, and we hold the money until the product is delivered and verified then BuffleBee makes the contractual payments, releasing funds to the Supplier;
II.38. Interpretation Rules throughout this Agreement:
II.39. Personal Data represent any information or data that alone or together with any other information relates to an identified or identifiable natural person (“data subject”), and all data is considered to be personal data under Privacy Laws. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
II.40. Privacy Laws signify any law, statute, directive, or regulation, including all legislative and/or regulatory amendments or successors thereto, regarding privacy, data protection, information security obligations and/or the processing of Personal Data. That includes, without limitation, the General Data Protection Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as amended or superseded from time to time as it was amended by the provisions of the EU Decision 2021/915 of 4 June 2021 on the standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council;
II.41. Confidential Information means all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the Service, business and marketing plans, technology and technical information, product designs, and business processes.
III. MARKETPLACE AND LICENSE TERMS
III.1. BuffleBee Platform as a Marketplace – an automatic dropshipping.
III.1.1. The BuffleBee Platform is an online marketplace that enables Suppliers to publish their products on the BuffleBee Platform for Retailers to view, list on the Retailer’s own online stores, and sell directly to End Customers on the principle that the products are being Dropshipped by the Supplier.
III.1.2. The purchase contract is concluded exclusively between the Retailer and the Supplier and the parties agree that the date of the contract conclusion is the day the Retailer received, through the Platform, from the Supplier, the notification with the shipping tracking number.
III.1.3. As the provider of the BuffleBee Platform, BuffleBee does not purchase, sell, resell, provide, offer, deliver, supply or Dropship any Products.
III.1.4. BuffleBee Platform provides an Escrow Payment System.
III.1.5. BuffleBee is registered in England and Wales with the number 12949662.
III.1.6. The Services provided through this escrow payment system are Internet-based transaction management services. Therefore, BuffleBee acts as escrow agent in a sale transaction, on behalf of the Supplier and the Retailer.
III.1.7. BuffleBee does not save in its own systems any card data but it makes an encrypted transfer of the card data, through https, directly to the payment processor using API (Application Programming Interface).
III.1.8. BuffleBee takes all necessary security measures in order to fully protect the cardholder data received.
III.1.9. BuffleBee assumes responsibility for the security of cardholder data it possesses or otherwise stores, processes, or transmits on behalf of the customer, or to the extent that they could impact the security of the customer’s cardholder data environment.
III.1.10. There will be no direct payments between the Supplier and the Retailer.
III.1.11. Through our escrow service, BuffleBee creates accounts(wallets) at the Retailer’s disposal to pay, to be paid, or to make refunds for the products returned. If a Retailer requests a refund of wallet money to a card, PayPal, or bank account, BuffleBee will process it within 24 hours, excluding the fees charged by banks/card providers (usually 1-3%).
III.1.12. The Retailer has to make two transactions: 1) payment of the subscription, if opted for, and 2) payment of the total fees of the purchase(made of products ordered and BuffleBee fees representing a percentage of the aggregate price of the products ordered).
III.1.13. BuffleBee will collect the transaction fees from the Retailer once they reach a 50USD balance.
III.1.14. The Supplier will be paid directly to the method indicated by him in the platform after the return time frame expired for a shipped product.
III.1.15. In a hypothesis when the Supplier has been paid on the Platform in advance, the Supplier is held liable for the non-delivery of the package and has to refund the price.
III.1.16. On behalf of the Retailer, in its escrow quality, BuffleBee will make the payment of the order to the Supplier, guaranteeing the full payment.
III.1.17. BuffleBee Platform provides the payment of the order price and helps the delivery of the products by closely supervising the delivery process through its tracking number of the shipment.
III.2. Supplier’s Rights And Obligations
III.2.1. Subscribing Conditions
III.2.1.1. In order to get approved as a Supplier on BuffleBee, there are certain conditions to be met:
(1) Have a physical store or manufacture products on demand(medium and large, small eCommerce stores, limited edition or hand-made manufacturers,);
(2) Process and ship orders fast using trackable shipping methods;
(3) Sell high-quality products;
(4) Accept returns or refunds for specific reasons like wrong product, wrong quantity, damaged product; Based on the acceptance on the Platform of the Retailer’s return request, replace the inconsistent products returned by the Retailer in 3 (three) days from the notification Supplier received on the Platform.
III.2.2. Supplier’s Rights and Benefits
III.2.2.1. The Supplier, registered on BuffleBee Platform, shall be able, through our automated dropshipping, to sell its products online to Retailers all over the world, free of charge.
III.2.2.2. The conclusion of the contract of sale between Supplier and Retailer is considered valid at the moment where Supplier handed over the shipment to the delivery company and provided the platform with the shipment tracking number as long as the order processing time that Supplier selected on the Platform has not expired.
III.2.2.3. If the order processing time has expired, the Retailer has the possibility to cancel the order and the payment of the total fees, made by the Retailer, will become a credit on its BuffleBee wallet and will be used for other transactions. Nonetheless, the Retailer has the possibility to keep its order active even if the Supplier made a late processing.
III.2.2.4. Platform facilities for the Supplier: (i) import products from our existing online stores in seconds; (ii) use our built-in online feed importer to add products easily from any platform, tool or database, that supports csv or excel file export; (iii) import products automatically from some of the most important inventory and orders management in the world; (iv) benefit from price and stock synchronization; (v) receive support from BuffleBee in order to develop the multiplatform integration; (vi) automatically receive invoices generated by BuffleBee Service and sent to Retailers on your behalf; (vii) get paid for your product using your favorite payment methods; (viii) get paid in USD, EUR or GBP currency.
III.2.2.5. The Supplier is the only one to establish the price of the listed products through the BuffleBee Platform.
III.2.2.6. The Supplier has the right to be paid by the Retailer exclusively through the escrow BuffleBee Platform after all the return terms had expired in accordance with our predefined weekly schedule.
III2.2.7. The Supplier can choose, at the time of the creation of its account on BuffleBee Platform, the method of payment that it prefers. The payment method can be updated/changed at a later date.
III.2.2.8. The Supplier has the right to be paid the full amount of every valid order duly delivered, free of charge.
III.2.2.9. The Supplier can choose the business currency of its account from USD, EUR, or GBP in order for BuffleBee to approve the Supplier’s Account. This currency selection is also essential because it represents the currency in which Supplier will be paid and also represents the price under which Supplier products will appear.
III.2.2.10. The Supplier has the right and obligation, under these Terms and Conditions of use of Services, to establish its Refund policy. The supplier has the obligation to accept either a refund or a return in the next scenarios: product arrived damaged at the destination, the wrong product was received by the end customer, the product is not as described or the wrong quantity was delivered. The supplier has the right to ask for an image/photograph with the delivered product(s) from the retailer to verify if the return/refund reason is valid.
III.2.2.11. The Supplier has the obligation to deliver the shipment as specified in the Retailer’s order, making sure that the products delivered are the ones mentioned in the Invoice and they meet all the legal quality and characteristic requirements.
III.2.2.12. The Supplier is liable for the delivery of the shipment directly to the Retailer’s store or the End Customer.
III.2.2.13. The Supplier has the right and the obligation to upload, on the Platform, pictures, animations or videos (collectively, “Images”) in respect of the Products which must accurately reflect the quality and condition of the Products. BuffleBee reserves the right to require that Products have a minimum number of Images of a certain format, size and resolution. All Images must be original but no watermarks or text is allowed. Supplier shall use all reasonable endeavors to comply with BuffleBee’s policies on Images as communicated by BuffleBee to Supplier every now and then. Suppliers give BuffleBee and BuffleBee Retailers the right to use such images for sales and marketing purposes.
III.2.3. Supplier’s Obligations
III.2.3.1. By becoming an BuffleBee Supplier, every Supplier is to accept returns or refunds for specific reasons like wrong product, wrong quantity, damaged product and, to this result, Supplier has to have a well-defined return policy.
III.2.3.2. Setting out a Return Policy is essential for becoming an BuffleBee Supplier because BuffleBee aims to provide a high eCommerce standard and, through our requirements of excellence, to give retailers and their customers a feeling of trust and security. A clear return policy, set out by the Supplier in accordance with the definition of the Return policy term, will guarantee to our customers that what they are buying through our Platform meets their expectations.
III.2.3.3.The Supplier has to state on its Platform profile what kind of non-returnable items sells. In this category, are, including but without limitation, hazardous materials or that use flammable liquids or gases; any product missing the serial number or UPC; downloadable software products; online subscriptions after they have been accessed; gift cards (except as required by law); prepaid game cards (World of Warcraft, Xbox 360 Live, Wii Points, etc.); some jewelry orders; some health and personal care orders; grocery products; open software; items with special shipping restrictions; live insects.
III.2.3.4. The Supplier can specify on the Platform his return options:(1)Offer replacement when Supplier is happy to send a product replacement (2) Offer refund when Supplier is happy to just refund the order. The supplier can request before accepting return pictures.
III.2.3.5 The Supplier accepts that the Retailer has the right to cancel its order at any time before it is shipped without the possibility for the Supplier to be able to validly solicit any type of reparation.
III.2.3.6. When the specific return reasons, as mentioned above, are met, the Supplier has the obligation to replace the product in accordance with the specifications within the Retailer’s order.
III.2.3.7. The Supplier has the obligation to respond in a maximum of 3(three) days from the day the return application, registered by the Retailer, has been accepted by the Platform.
III.2.3.8. Through the platform, the Supplier will be notified simultaneously of the acceptance of the return request registered by the Retailer.
III.2.3.9. If the supplier fails to respond to the delay above mentioned by replacing the products returned, then the return will be processed in favor of the Retailer and the Supplier will not be paid.
III.2.3.10. Upon returning the products because of the loss of the package/shipment, with or without the delivery company’s fault or because the Supplier didn’t hand it over to the delivery company, as defined above, the Supplier is held accountable and has to refund the price to the Retailer, by accepting BuffleBee Escrow to refund Retailer price.
III.2.3.11. The Supplier has 10 business days to replace the product/s starting from the moment the Supplier received the returned product registered in the shipping tracking information.
III.2.3.12. Product Information provided by Suppliers is its entire responsibility. When listing Products available through the BuffleBee Platform, the Retailer may display any information or images listed by Suppliers in respect of such Products. However, BuffleBee makes no warranty, representation, or covenant as to the accuracy, completeness or sufficiency of such information or whether such information is in compliance with any legal, statutory or regulatory requirements, and expressly disclaims any and all responsibility in respect of any information made available by Suppliers through the BuffleBee Platform.
III.2.3.13. The Supplier is prohibited to provide marketing materials to the Retailers/End customer. When shipping BuffleBee orders, each Supplier agrees that it will not include any marketing or promotional material such as coupons/gift certificates that encourage the End Customer to buy directly from Supplier’s website or otherwise seeks to divert business away from Retailer or BuffleBee.
III.2.3.14. An invoice is made available to the Supplier with every Retailer Order through the BuffleBee Platform.
III.2.3.15. The supplier must indicate its processing times as well as delivery times on the Supplier Profile. Processing time is the number of business days to ship and provide the tracking number and delivery times is the estimated time it takes for the package to get to the customer after it is shipped. If the orders are processed late, the Retailer may cancel the Retailer Order through the BuffleBee Platform and BuffleBee will process a refund from Supplier to Retailer.
III.2.3.16. BuffleBee has no control over the actions of suppliers and accepts no responsibility or liability in the event of a breach by the supplier of its obligations.
III.4. Retailer’s Rights and Obligations
III.4.1. Subscribing Conditions
III.4.1.1. By using the BuffleBee platform, the Retailer orders a Product to be dropshipped by the Supplier to its store or directly to the End Customer. Therefore, the Retailer and the Supplier are entering into a contract directly with each other. Additional terms required by a Supplier may be published by Supplier on the Supplier’s Profile through the BuffleBee Platform, or as otherwise communicated between Retailer and Supplier.
III.4.1.2. The Retailer has the right to cancel the order any time before it is shipped by the Supplier, free of charge.
III.4.1.3. Secondly, the Retailer has the chance to subscribe to our Platform with the purpose of receiving our services regularly, by paying in advance a fee(non-refundable if the service was provided), which can be monthly or yearly. Our monthly subscription can be terminated at any time. Cancellation for monthly plans becomes effective at the end of the current billing month. Our yearly plan can be terminated at the end of each contract year.
III.4.1.4. BuffleBee is not and does not become a party to or another participant in any contractual relationship between Retailers and Suppliers.
III.4.1.5. BuffleBee has no contractual relationships or any other kind of contact with the Retailer’s End Customer, so BuffleBee assumes no responsibility or liability in the event of a breach by Retailer of its obligations assumed in its contractual relationship with his End Customer.
III.4.1.6. BuffleBee is acting as an escrow agent for Retailer and Supplier.
III.4.1.7.Conditioned on the provisions in this Section III and the other Terms and Conditions of this Agreement, BuffleBee shall make the Service available to Retailer during the Term for use in Retailer’s business on an exclusive, nontransferable basis. BuffleBee will provide basic support to Retailer in respect to Retailer’s permitted use of the Service. Retailer acknowledges and agrees that the Service may be unavailable at times during the Term because of: (a) planned downtime; or (b) any unavailability caused by circumstances beyond BuffleBee ‘s reasonable control, including without limitation, acts of God, force majeure, a fortuitous case as acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within BuffleBee’s possession or reasonable control, and denial of service attacks.
III.4.1.8. The Retailer’s wallet open on the Platform enables the Retailer: to automatically make all its purchase payments; to receive the refunded prices and use it at its new purchases (actually, the price is refunded only on the Platform); credit his wallet for the future acquisitions.
III.4.1.9. The Retailer has the possibility to withdraw at any time its funds from their account (wallet) on the Platform with one condition: Retailers should use the same method of payment used to fund their account initially (credit card, Paypal, etc.)
III.4.1.10. By using BuffleBee Platform, Retailer has the following benefits:
III.4.2. Retailer’s Obligations
III.4.2.1. Retailer shall complete all the required fields on the Retailer Profile. The Retailer is responsible for all content posted and activity that occurs under the Retailer’s account.
III.4.2.2. Collection of Total Fees from Retailer. Unless otherwise indicated, BuffleBee will collect the Total Fees from a Retailer at the time that Retailer submits the Retailer Order.
III.4.2.3. Retailer Orders shall not be processed unless and until such time as the Total Fees payment clears. In the event of delay in a clearing of payment (which may be outside of BuffleBee’s control), Retailer Orders may be delayed or subject to cancellation without further liability of BuffleBee. Failure of payment may result in not processing or cancellation of a Retailer Order without further notice to the Retailer. It is the Retailer’s responsibility to ensure that its payment details are complete and accurate and in good standing.
III.4.2.4. Fees. In consideration for the receipt of the Service, Retailer shall pay BuffleBee the fees specified in the Sign-Up form. The fees may vary from time to time in accordance with the BuffleBee decision that will be notified in writing to the Retailer at least 30 days in advance.
III.4.2.5. Invoicing and Payment. Fees for the Service will be invoiced automatically on the Platform. Charges are due at the invoice date and will be deducted automatically from the payment method provided by the Retailer.
III.4.2.6. Taxes. Unless otherwise stated, BuffleBee’s fees and Total Fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, “Taxes”). The Retailer is responsible for paying all Taxes associated with the Service Fees and any Retailer Orders, excluding taxes based on BuffleBee’s net income or property.
III.4.2.7. The Retailer shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise exploit or make the Service available to any third party; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (iii) attempt to gain unauthorized access to the Service or its related systems or networks; or (iv) disclose any benchmarking or results of the Service to third parties without BuffleBee’s prior written consent.
III.4.2.8. The Retailer has the following restrictions: shall not (and shall not allow any third party to): (a) modify, translate, reverse, engineer, decompile, disassemble, or create derivative works based on the Service; (b)avoid any user limits or other timing or use restrictions that are built into the Service; (c)remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; or (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service. The Retailer is free to determine the price that it charges for such Products to its End Customers unless Minimum Advertised Pricing has been set by the Supplier. Supplier shall only charge Retailer the aggregate of the Listing Price for all Products ordered, the Shipping Price and transaction fees that BuffleBee may impose and any applicable sales, value-added or similar taxes.
III.4.2.9. Where Retailer submits a Retailer Order through the BuffleBee Platform for Products listed as available, Retailer and Supplier are entering into a legally binding agreement under which Supplier agrees to dropship the Products to the specified End User at the Listed Price, which added applicable transaction fees, taxes and Shipping Fees. Such agreement shall incorporate the minimum terms set out in this document and such other lawful and non-conflicting terms as may be set out in Supplier’s Profile at the time of the Retailer Order. BuffleBee is not part of and has no responsibility or liability in respect of any such contract.
III. 4.2.10. The Retailer has the right to return the product in the following conditions: Retailer has to register a request of return on the platform in the return time frame as defined in Section II, article II.29.
III.4.2.11. This request should be accepted by the Platform.
III.4.2.12. The Retailer losses the right to register a return request if the return/refund timeframe has expired.
III.4.2.13. Starting from the validation of the return request, the Retailer has 7(seven) business days to hand over the returned product to the delivery company and to upload on the Platform the tracking number to the return of the return ticket. The return ticket will be automatically closed and rejected if the package is not sent, and the tracking number uploaded within the 7 business days mentioned above.
III.4.2.14. The Retailer should be aware of the fact that each Supplier’s return policy is different and set out in the applicable Supplier Profile. BuffleBee will work with the Retailer in good faith in respect of enforcing such a return policy.
III.4.2.15. BuffleBee reserves the right to alter, suspend, or discontinue the Service or the BuffleBee Platform at any time and for any reason or no reason without any liability to the Retailer. In such cases, BuffleBee will endeavor to give notice of such changes. The Service may also be unavailable from time to time due to maintenance or malfunction of servers or network equipment or other reasons. BuffleBee may periodically add or update the information and materials on the BuffleBee platform without notice.
III.4.2.16. As between Retailer and BuffleBee, Retailer will own and retain ownership of content provided, stored and processed through the Service. Retailer hereby grant BuffleBee a worldwide, royalty-free, and non-exclusive license during the Term to access Retailer Data in order to: (i) provide the Service, including storing, hosting and management of such content; and (ii) create Pattern Data (as defined below). The Retailer understands that BuffleBee, in performing the required technical steps to provide the Service, may (a) transmit or distribute Retailer Data over various public or private networks and in various media; and (b)make such changes to Retailer Data as are necessary to conform and adapt that Retailer Data to the technical requirements of connecting networks, devices, services or media.
III.4.2.17. The Retailer confirms and warrants to BuffleBee that the Retailer has all the rights, power and authority necessary to grant the above Content License and that use of the Retailer Data in the manner contemplated will not breach the rights of any third party.
III.4.2.18. The Retailer is responsible for all content provided hereunder and for compliance with this Agreement including obtaining all necessary licenses, permissions and consents to enable all material comprising Retailer Data to be made available to BuffleBee for BuffleBee to transmit, host and store. For greater certainty, Retailer shall: (i)have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Retailer Data; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service and notify BuffleBee promptly of any such unauthorized access or use; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Service.
III.4.2.19. BuffleBee does not process any Retailer order, it merely facilitates communication and contract between Retailers and Suppliers. Accordingly, while BuffleBee works with Retailers and Suppliers to resolve any issues that may arise, BuffleBee expressly disclaims any and all responsibility for the processing of any Retailer order, the content of any Retailer order, any incorrect, late, damaged, broken, unsafe, unlawful delivery, any failure to make delivery, and delivery to a wrong address, or any other act, error or omission in respect of the processing of or failure to process a Retailer order by any Supplier.