The Site is operated by Abanista Group Limited. (“Abanista”), which reserves the right to make changes to this Website seller agreement at any time. Changes to this Website seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our Website will constitute your agreement to the new Website seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our Website. Changes to the Website seller agreement may occur without notice to you.
Abanista provides an online service that allows third party sellers to sell their products to buyers.
You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of selling on the Website. You may not share your password with anyone. 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 Site through your Account will be deemed as being used by you. Abanista is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Listing items for sale in the Abanista Website is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our Website. To list items for sale you must supply your name, address, phone number, email address, bank account info for payment and agree to the Website agreement.
We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the bank account you have identified 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.
For all items sold through its Website, Abanista charges a fee based on a percentage of the sale price, as set forth under the document entitled Fees. 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 in effect on the date of sale of the item shall govern the transaction. Please view the Fees page to view the latest fee structure. By listing an item for sale in our Website, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your bank account. By listing an item for sale on the Site, you authorize Abanista to debit your bank account for amounts due.
Abanista requires you to provide timely support to the customers of our Website. Please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the Abanista Website within 48hrs if possible. You are also required to notify Abanista when you change 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.
All orders should be shipped to customers within 48hrs. All orders must reach the Buyer within the quoted time frame of 6-8 business days (standard shipping) and 3-4 business days (expedited shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to ensure delivery of the items contained within an order to the Buyer.
You also agree to adhere to the Seller Guidelines as updated from time to time
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 Abanista. Website transactions must take place between two different individuals, organizations or entities. Abanista reserves the right to refuse service to anyone at any time for any reason.
Abanista determines which products to offer for sale in the Website. 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 Website may change without notice to users of the Website.
Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item on our Website 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 Abanista Shipping Guidelines. Failure to ship by the provided date or follow the Abanista Shipping Guidelines may be grounds for termination of your Account.
After a Completed Sale occurs Abanista credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales after every successful purchase. To receive funds, you must provide bank account information for an account in Uganda. Payments will be made in Uganda Shillings.
As a security measure, Abanista 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. Abanista 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 the Account.
If Abanista reasonably concludes 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 Website 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 Website agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.
It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Abanista may provide tools that allow a user to charge sales tax on transactions, but Abanista will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Abanista is not responsible for determining when tax should be charged.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this Website seller agreement and the Abanista Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. Customers are not subject to restocking or refund processing fees when a Seller applies a refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Abanista Website purchases, using functionality we enable for your account, and will route all such payments through Abanista. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Abanista to seller under this Website agreement or seek reimbursement from seller via any of the means authorized under this Website agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the
applicable Abanista Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
The seller can terminate participation in our Website at any time by written notice to Abanista or by opting out of the Abanista website use. Abanista reserves the right to terminate a user’s participation in the Website at any time for any reason at its sole discretion, with or without notice to user. Abanista reserves the right to monitor user accounts to determine if policies or laws are being broken. Abanista 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 Abanista any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.
Abanista reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by Abanista to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with Website purchases from seller’s account for a prospective three-month period. At the end of such three-month period following termination, Abanista 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 Website agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
The Abanista Website is provided as is and without warranty. Abanista makes no warranties of any kind, expressed or implied. We strive to provide our Website 24 hours a day and 365 days a year, but we do not guaranty our Website will always be available. Abanista will not be liable for any loss due to our Website not being available. Abanista will not be liable for any loss due to errors in our software or the software of others that we use.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Abanista and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Website agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
ABANISTA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE WEBSITE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
You agree to release Abanista 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, Abanista Customer Service may step in to mediate disputes between Buyers and Sellers on our platform.
This agreement shall be governed by the laws of the Republic of Uganda
By agreeing to our 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.
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 Abanista does not constitute a waiver of Abanista’s right to enforce such section or any other section in the future.