SELLER TERMS & CONDITIONS
WHEREAS, MyFiesta.market, a business located in El Paso, Texas, is an online marketplace retailer to sell products from vendors/sellers.
WHEREAS, you (“you” or the supplier) are the business owner and or representative of Hispanic and non-Hispanic themed products, subscribing to sell your products on the MyFiesta.market platform.
WHEREAS, www.MyFiesta.market (the “Website”) is a secure online retail outlet for Hispanic and non-Hispanic products (the “Products”) obtained by MyFiesta.market from the Suppliers/Sellers and offered for resale via the Internet.
WHEREAS, end user (the “End User”) is person or entity that acquires a Product for its own use from MyFiesta.market.
1. GENERAL PROVISIONS OF THIS AGREEMENT
- This Agreement sets out general terms and conditions for using the Website.
- The Supplier commits to supply Products and transfer additional rights, determined in this Agreement, to MyFiesta.market by submitting them to the Website. MyFiesta.market will use Products strictly to fulfill its business needs.
- market will display Products from the Supplier for the purpose of resale to End Users who make a decision to buy Products of the Supplier at the MyFiesta.market online shop.
- The Supplier also undertakes to sell their Products to in the MyFiesta.market platform, properly, on time, and in a good and honest manner.
- This Agreement is a month to month contract and is the basis for establishing individual purchases.
2. ACCEPTANCE AND CHANGES TO THE AGREEMENT
- The Agreement comes into effect when the Supplier completes the registration form at the Website, and is valid for unlimited time.
- MyFiesta.market may change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the Website at any time. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the Website and you are solely responsible for reviewing any such notice and the corresponding changes to the Agreement. Your continued use of the Website and any such revisions to the Agreement, or such policies and rules, will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Website and provide MyFiesta.market a reasonable explanation to close your account.
- MyFiesta.market may at any time change or remove (temporarily or permanently) the Website, Products or Suppliers and their information from the Website without indicating the reasons of such change or removal and you confirm that MyFiesta.market shall not be liable to you for any such change or removal. Reasons to be removed for the market platform, are, 3 or more customer complaints, selling defective or prohibited products, and poor quality product photos.
3. YOUR ACCOUNT
3.1 The Supplier, who wants to start using the Services, has to register at the Website. After you agree to be bound by this Agreement and complete the registration form, MyFiesta.market will establish an account for you (the “Account”). MyFiesta.market is entitled to refuse to register a new Supplier without indicating the reasons.
3.2 Use of the Website or/and the Services are limited to parties that are 18 years old or older and lawfully can enter into and form contracts under applicable law. To register, you must provide your information required in the Vendor Registration form. MyFiesta.market will apply its undertakings and exercise its rights referring to this information provided. You authorize MyFiesta.market to verify the accuracy of your information. MyFiesta.market can also request you (Seller) to provide any documents required to perform either a background check or check all of your provided information. The use of this website to sell will require the signing of a Seller/Vendor Application.
3.3 You commit to provide MyFiesta.market with all the required information and documents. MyFiesta.market may hold payments due to you for your Products until you provide MyFiesta.market with the required information and documents – if requested. If you do not provide the required information and documents after MyFiesta.market’s notice, MyFiesta.market may set-off payments due to you as a compensation for non-submittal of documents and/or damages.
4. PRODUCTS AND PRICING
4.1 As the Supplier, you may list any item in the Website unless it is a prohibited item defined in or similar to the items listed in the Prohibited Products List (link). MyFiesta.market may change the Prohibited Products List in its discretion, without notice to you or your consent.
4.2 Each of your listed items will be reviewed by MyFiesta.market before making it available to be purchased. MyFiesta.market may deny any Product for any reason.
4.3 The Supplier shall maintain sufficient inventory to fulfill purchases showcased by MyFiesta.market in a timely manner. If for any reason, sufficient inventory is not met or carried by the Supplier – MyFiesta.market MUST be notified ASAP to remove the Product(s) listed on the marketplace platform.
5. PRODUCT QUALITY
5.1 You agree to provide and sell only good quality Products. See list of prohibited Products here. Some used items may qualify as “Collectors” items.
5.2 You guarantee that your Products will be functioning normally and meet standard quality requirements and conditions of the respective kind of Products and will not have any hidden deficiencies/defects. MyFiesta.market will not be responsible for any damage arising from the End User’s failure to follow instructions relating to the Product’s use.
5.3 If the Product that you sold is in poor quality, MyFiesta.market or the End User can return faulty Product to you and you must replace it with the good quality Product – at the expense of the Supplier.
6. PRODUCT SUPPORT
6.1 You (Supplier) shall provide product support to both MyFiesta.market and End Users (persons or entities that acquire Product(s) for their own use from MyFiesta.market). You shall be solely responsible for the product support of the End Users of Products.
6.2 Product support means responses to MyFiesta.market and End User inquiries, troubleshooting, End User education, provision of user manuals and other similar consultations.
6.3 You undertake to provide product support in a timely manner after the support inquiry from MyFiesta.market.
7. SERVICE FEES AND PAYMENTS
7.1 MyFiesta.market will pay you for the Product only after the actual sale of the Product was made.
7.2 You agree to let MyFiesta.market, charge you the “Commission Fees” for using the Website and the Services in accordance with the terms set forth. You agree and acknowledge that no other circumstances, including, but not limited to, the actual closure of the purchase, cancellation of the purchase, shipment, delivery or return of the Product, payment of the price and/or refund of the price shall influence your obligation to pay the Commission Fees.
7.3 MyFiesta.market shall also distribute commissions due to the Supplier’s and any other fees, deductions and expenses as set out in this Agreement.
7.4 MyFiesta.market may also temporarily hold any portion of the funds in your Account if MyFiesta.market, in its sole discretion, determines such action is needed to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may incur with this marketplace platform or any other third party.
8. GRANT OF RIGHTS
8.1 By listing the Product in the Website, you represent and warrant to MyFiesta.market, prospective End Users, that you are the owner of the Product and/or have the right and ability to sell the Product and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive to the prospective purchasing customers (users of the website).
8.2 By submitting the Product to the Website, you grant to MyFiesta.market the following rights to the Product: (i) the exclusive, worldwide, royalty free, right to publish and distribute the Product in any form and in any language, and the right to translate and publish and distribute the Product to other internet sites – social media sites, under license with MyFiesta.market; (ii) the right to include the Product in advertising and promotion to third parties in any medium and anywhere in the world.
8.3 The Supplier gives MyFiesta.market an exclusive and transferable license to market and resell Products to End Users and where appropriate in the US.
9. RETURNS AND REFUNDS
9.1 MyFiesta.market can return a faulty or defective Product and demand for the refund to go directly to the Buyer.
9.2 When the Product is returned, the End User receives a 100% refund or an equal exchange. Payouts from that sale are debited back out of the corresponding Supplier’s accounts.
9.3 A sale is revoked if the End User’s bank later claims the sale was unfunded, unauthorized or fraudulent. Revoked sales cost MyFiesta.market money and may harm our reputation as a reliable Product retailer and marketplace for Hispanic and non-Hispanic consumers.
10. PRIVACY AND PERSONAL DATA
10.1 Your personal data that you provide will be used to identify you as the Supplier and to execute this Agreement.
11. TERMINATION OF AGREEMENT
11.1 The term of this Agreement is for a period of time when you successfully register for the MyFiesta.market Account until this Agreement is terminated for whatever reason. You may close your Account and terminate this Agreement at any time by notifying MyFiesta.market. Account cancellation shall mean the Agreement termination.
11.2 At any time and for any reason in its sole discretion, MyFiesta.market may terminate this Agreement, your access to the Website and/or the Services, your Account and may halt any pending listings or sales at any time without notice to you. MyFiesta.market shall have no liability or obligation for the termination of this Agreement.
11.3 You may not close your Account to evade an investigation on your fraudulent activities (if any). If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 days to protect MyFiesta.market or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities. You will remain liable for all obligations related to your Account even after the Account is closed.
12.1 You agree to indemnify and hold MyFiesta.market, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against MyFiesta.market arising out of any breach by you of this Agreement or other liabilities arising out of your use of this Website.
12.2 You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability and/or losses incurred by MyFiesta.market, the End User, or a third party caused by your use of the Services and/or arising from the breach of this Agreement. You agree to reimburse MyFiesta.market, the End User, or a third party for any and all such liability.
12.3 If the End User claims for damage reimbursement in relation to your Product, you must immediately act on reimbursing such damage to the End User (Buyer).
13. EXCLUSION OF WARRANTIES AND LIABILITY
13.1 YOU SHALL ACCEPT THE WEBSITE (www. myfiesta.market) AND THE SERVICES “AS IS” WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF MYFIESTA.MARKET SERVICES IS AT YOUR SOLE RISK.
13.2 TO THE FULLEST EXTENT PERMITTED AT LAW, MYFIESTA.MARKET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, ANY INJURY, OTHER LOSS OR CLAIM, OTHER DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY YOUR OR END USER’S ACCESS TO, OR USE OF THE WEBSITE AND/OR SERVICES, ANY MATERIAL THEREON OR ANY PRODUCTS, GOODS, MATERIALS OR SERVICES AVAILABLE THEREFROM, WHETHER BASED IN CONTRACT, TORT AND WHETHER NEGLIGENT OR OTHERWISE, EVEN IF MYFIESTA.MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS EXCLUSION OF LIABILITY IS HELD BY A COURT OF COMPETENT USA JURISDICTION TO BE UNLAWFUL, BUT THAT LIABILITY MAY BE LAWFULLY LIMITED, MYFIESTA.MARKET’S AGGREGATE TOTAL LIABILITY TO YOU FOR ALL SUCH DAMAGES AND LOSSES SHALL BE LIMITED TO THE $75 USD.
14. MISCELLANOUS PROVISIONS
14.1 If any section or portion(s) of this Agreement is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and this Agreement shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties’ original intent.
14.2 This Agreement is personal to you and it cannot be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement and the rights and/or obligations stipulated in this Agreement shall be null and void. MyFiesta.market may freely assign this Agreement without consent or notice.
14.3 All the notices, consents and other communication of the parties related to this MyFiesta.market Agreement shall be delivered via e-mail.
*By signing and submitting electronically a Vendor Application (Here), you are providing that you (Seller, Artist, or Representative) have agreed to ALL terms and conditions set forth by this agreement.