Dhukaan – Obligations of a seller
If you are selling on Dhukaan, then these are the rules of which you must comply with.
Dhukaan and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Dhukaan, will be responsible for that unauthorised disclosure.
You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. When registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable. Protect your password. As we mentioned, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
You are solely responsible for your interactions with other users of Dhukaan. You agree that Dhukaan is not responsible for the conduct of any user.
Content Ownership. Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content. By posting Your Content through our Services, you grant Dhukaan a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Dhukaan function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your shop.
Rights You Grant Dhukaan. Posting Your Content, you grant Dhukaan a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Dhukaan, your Dhukaan shop, or the Services in general, in any formats and through any channels, including across any Dhukaan Services or third-party website or advertising medium. Dhukaan grows, from the support of its shops. If you upload a photo of a listing on your Dhukaan shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Dhukaans.
Fill out all of your Shop Policies (it’s especially important to have policies for returns, exchanges, and custom orders). This should go without saying, but your Shop Policies have to comply with Dhukaans policies, as well as your local laws.
Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
Honesty – Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Dhukaan, another Dhukaan user, or a third party.
Advertising Shop. Sellers on Dhukaan may choose to offer promotions specifically for their own shops. Shops are encouraged to promote their presence on Dhukaan, using their own personalised landing page. Dhukaan currently offers a featured shop tool.
Shops can offer promotions that include free shipping or discounts your listing price by a percentage. You can run a sale on a single listing or on multiple listings. Sales are public and will be displayed to all buyers. On occasion, Dhukaan may aggregate Sales and promote them through our website and emails.
A Coupon is a code that may be redeemed for a discount on an item or free shipping. Coupons are not displayed publicly; as a seller, you may create and distribute Coupons at your discretion. Please note, however, that a Coupon code can be used by any buyer that redeems the code and that a buyer can use a Coupon code on multiple listings and on multiple occasions.
Sellers are responsible for following Dhukaans policies and all applicable laws associated with Sales and Coupons. For Sales, it’s your responsibility to set the terms and conditions for the promotion in the ‘Sale details’ section. For Coupons, it’s your responsibility to communicate any terms or limitations for the promotion to buyers when sharing the Coupon code. Sales and Coupons may not be used for fee avoidance, such as lowering your item price while artificially inflating your shipping price.
Advertising Items. Use accurate photographs and descriptions when you list items. Include reasonable and accurate processing times or ship-by dates.
Sellers currently can upgrade any listing to a Featured listing. Featured Listings display a seller’s items prominently on Dhukaans website and are charged per click to the item. Featured Listings are displayed in users’ search results, based on search relevancy, listing quality, and you can set the amount you would like to spend per item, per day. You can choose to promote some or all of your listings as Featured Listings.
Featured Listing Costs. Fees are charged on a cost-per-click (or “CPC”) basis, and you are responsible for paying for any clicks your ad receives. This means that you will be charged only when your ad is clicked, not simply when it is displayed. You may pause an ad campaign at any time, but you will still be responsible for any charges incurred prior to pausing your campaign. Sorry, but Dhukaan is not able to grant refunds for any charges related to clicked ads.
Your ad fees will appear on your Dhukaan bill on a daily basis, along with other charges, such as listing fees. You can set a budget to limit the amount you’re willing to pay Dhukaan to promote your listings. Your daily budget can be as low as £1, and you will never be charged more than your daily budget.
Advertising Disclaimers. Using advertising services through Dhukaan does not constitute an obligation on Dhukaans part to display an ad or promote your listings. Dhukaan can’t guarantee that a displayed ad will be clicked, and we can’t guarantee that if a user clicks on an ad, the related listing will be sold.
Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You are responsible for ensuring that your ads comply with all applicable laws and regulations.
Dhukaan reserves the right to reject or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationships with our members or partners.
SHIPPING YOUR ITEMS
Sellers are responsible for shipping their sold items to buyers. If you’re using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your shop. The number one complaint made by customers is delayed delivery, especially when the gift is required for a specific date. Remember you only get paid for items once you have shipped the total order.
Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Dhukaan. In the event that a dispute is escalated to Dhukaans Support Team, Dhukaan reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Dhukaans seller policy. Cooperate with investigations conducted by Dhukaan. Promptly provide any information requested by Dhukaan, and cancel and refund any transactions deemed invalid or unauthorised.
In the event that a buyer submits a chargeback, Dhukaan will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Dhukaan reserves the right to recoup funds associated with buyer chargebacks.
THIRD PARTY SERVICES
Dhukaan has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Dhukaan partners with Stripe and PayPal to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Dhukaan reserves the right to contact you directly and to seek payment.
Dhukaan may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.
Dhukaan may refuse service of Dhukaan Payments to anyone, for any reason, at any time.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Dhukaan Payments (e.g., where the buyer used a stolen or unauthorised credit card), Dhukaan may provide limited payment protection to the seller, in the interest of fairness.
Dhukaan maintains records associated with transactions on Dhukaans Payments and does not pass any secure data, including credit card numbers or bank account information to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order.
The service is an online platform through which brands may approach ambassadors to posts requests for your shop or products. Interested ambassadors may respond to the shops. Shops and ambassadors may enter into agreements.
You understand and agree that Dhukaan is not a party to any agreements entered into between shops and ambassadors.
Dhukaan has no control over the conduct of shops, ambassadors, and other users of the service, and disclaims all liability in this regard to the maximum extent permitted by law.
Be aware of the need to be transparent when engaging with influencers, providing all necessary information regarding the campaign, and the requirement to label influencer posts with #ad to inform consumers of the commercial relationship.
The description of the works carried out, provides the basis of a contract between the shop and the influencer, this includes the length of time the post will be visible and the channels it will be promoted.
Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the Dhukaan. Without limiting any other rights or remedies available to Dhukaan, any attempt to circumvent Dhukaan may result in removal from the site, at Dhukaans sole discretion.
You acknowledge that Dhukaan has not made any guarantees in respect of the success of a Post.
Shops may, in its sole discretion, arrange to send an Ambassador a sample product. Ambassador may request a Shop to send a sample product, but Shop is under no obligation to do so. Dhukaan will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Shop to an Ambassador. Address provided by Ambassador through Dhukaan is not verified by Dhukaan
If a shop sends a sample product to an Influencer, there is no guarantee that the Influencer will submit a Post about the product or that any post submitted will be positive. All product reviews must reflect the Influencer’s genuinely held beliefs;
The Ambassador must leave the post on their agreed social media accounts for at least 48 consecutive Business Day hours, unless agreed otherwise; and the shop, within 48 Business Day hours after the post goes live, to make an objection towards to the post on the grounds that it does not comply with the Campaign Rules.
Dhukaan does not monitor the messages sent and received via the Platform. Therefore, Dhukaan shall not be liable to the Shop whether in contract, tort (including negligence), breach of statutory duty or otherwise for any messages sent or received via the Platform.
PAYMENTS & FEES
Pay Your Bills. You are responsible for paying all fees that you owe to Dhukaan. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Sellers may be required to pay the following types of fees:
Listing Fees. You will be charged a listing fee of £0.90 for each item that you list for sale on Dhukaan. You will only be charged a listing fee for creating or renewing a listing; there is no fee for editing a listing. You will be charged a listing fee whether or not the listed item sells. Dhukaan listings expire after three months. If you list multiple quantities of the same item or variations of the same item for example colour or size, there will be no additional listing fee. We do not charge an additional listing fee, every time you sell an item. Listing fees will appear on your Dhukaan bill and are non-refundable.
Auto-renew. You may choose to enable Dhukaans automatic renewals feature. The listings you select for automatic renewal will automatically renew at the end of each four-month listing period and you will be charged the listing fee of £0.90 for each of these listings until you cancel automatic renewals. You may cancel automatic renewals at any time by selecting “Manual” instead of “Automatic” in the “Renewal Options” in the Listings Manager. Once you cancel, you will only be charged for the current listing period.
Transaction Fees. When you make a sale through Dhukaan, you will be charged a transaction fee of 5% for the total sale price including shipping. Transaction fees will appear on your Dhukaan bill.
Payment Processing Fees. Dhukaan charges a payment processing fee for processing each transaction through its payment processors. The cost for the payment processing fee is 4%+£0.20 per transaction. Transaction fees will appear on your Dhukaan bill.
Fee Avoidance. Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Dhukaan. This includes, for example, encouraging buyers to purchase an item in your Dhukaan shop through another venue. A transaction initiated on Dhukaan may not be completed off of Dhukaan. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees. Sellers may not alter the item’s price after a sale for the purpose of avoiding Dhukaan transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Dukaan Paying you. At the point of a sale, Dhukaan will hold all funds from the sale. Dhukaan makes payments to it’s sellers every 14 days on a Wednesday. Once you have shipped the item, the buyer has 14 days to log any complaint regarding failure of delivery. Dhukaan will deduct any fees associated, this may include transaction fees and processing fees. The remaining balance will be paid directly into your nominated bank account. The seller dashboard will detail all transactions and fees.
Taxes. You are responsible for collecting and paying any taxes associated with using and making sales through Dhukaans services. You are solely responsible for ensuring that all of your listings are properly categorised and you agree to indemnify Dhukaan for any losses it incurs in connection with any miscategorisation of your listings by you.
Payment Details. The Shop authorises Dhukaan to charge all payments due to Dhukaan under this agreement to the Shops payment card, details of which are held by Dhukaan.
Follow these steps to make sure your orders are covered by Dhukaans Seller Protection:
Specify your shipping costs and processing times in your listings. Ship your order according to the processing time or ship-by date you listed or as agreed upon through Dhukaan Conversations. Ship items promptly after they are sold.
Ship the order to the address provided on Dhukaan. If your buyer provides an alternate shipping address through Conversations, be mindful of frauds and scams. Shipping to the wrong address is likely to result in a non-delivery case. Please advice Dhukaan if you wish to cancel and refund the order and ask the buyer to purchase the item again with the corrected shipping address. Charge an appropriate amount for shipping.
Mark the order as shipped when you ship it. Remember that you may only mark an order as shipped after you actually have shipped it. When you mark an order as shipped, the buyer will receive a notification. By entering tracking information on Dhukaan, you’re giving us permission to collect and share the tracking information received from your chosen shipping carrier with the buyer.
In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided on Dhukaan. Valid proof can include a shipping or tracking number that shows the order route and delivery progress.. If a buyer does not receive their order, they may file a case against your shop.
The terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Dhukaan.
Termination By You. You may terminate your account with Dhukaan at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Any outstanding bills need to be paid.
Termination By Dhukaan. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Dhukaan may refuse service to anyone, at any time, for any reason.
If you or Dhukaan terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Dhukaan reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Fair Usage Policy. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. We are building a community that is fair for all people involved. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
Dhukaan reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Dhukaan is final and no correspondence will be entered into.