Designer TermsOfService

Date:                                                                                                                Package: _________
                                                                                                                        Contract no: _________

 

 

Membership Contract

1. This contract contains all the terms and conditions agreed upon by the parties
and cancels any prior written agreements or promises made between the parties.
The contract may not be amended or changed in any way unless there is a
written consent between the parties. This contract is effective as soon as it is
signed.


2. Both parties acknowledge that they entered into this agreement of their own free
will and volition and were not coerced to do so, nor under duress at the time of
executing this agreement, and that signed the contract after they have read it and
understand its content and all of its terms and conditions.


3. It is agreed between both parties that all contracts entered into with the
customers for the marketing and promotion of the products through the first
party’s website and all its sales channels will be made under the name of the
second party only. Therefore the first party is not obliged to enter into any
contracts for the sale of such products under its own name or its partners name
and assumes no liability.


4. This contract shall be valid for 12 months from the date of signing the contract.
And the contact will be renewed automatically for a similar period unless the
other party sent us a notice of contract termination prior the expiry of the contract
period by at least 2 months and the second party undertakes to pay the renewal
fees before the contract expiry date.


5. Membership fees are non-refundable


6. The second party has the right to upgrade its subscription package and the
difference will be calculated as the management deems appropriate and the
second party can not downgrade its subscription package.


7. The second party is responsible for providing complete and full information
whether by email or writing and bears the responsibility of not doing so.


8. The second party undertakes to update its information as soon as any change is
made by contacting us through this email care@wishalbas.com .


9. Membership is to be used by the second party only and the second party is not
entitled to trade or share its benefits with other designers.


10. If you wish to sell one or more of your exclusive products through our website,
please contact our customer service to fill out the form and send it to us via email.
The management will consider the request and will make a decision on your
application regardless of the outcome.


11. If the first party accepts the exclusive offer, the second party shall promise not to
sell the exclusive products outside the first party website and its sales channels
for a period of 90 days from the contract date. If we find out that the products are
being sold elsewhere during the exclusive 90-day period, the second party shall
bear all costs and other administrative fees determined by the management in
relation to the effort put to prepare and get ready to sell the exclusive products.


12. The sales commission charged by the first party to sell and market the second
party exclusive products is 30%.


13. The second party shall sign a special contract with the first party when offering
exclusive through our website. The second party can benefit from the services
provided according the package terms and conditions. The administration shall
review and assess each product individually prior to accepting it.


14. The first party acknowledges that its signature on this contract does not in any
way indicate that it is a partner or exclusive agent of the second party or
associated with the second party in any form of relationship and that the
relationship between the two parties is a marketing relationship for the products
only. Therefore, the first party shall not shoulder any responsibilities regarding the
originality and/or the misrepresentation of the second party products that mislead
the customer and you (the second party) will be legally held responsible for every
item you sell.


15. The information in this document and other documents of signed with the first
party is confidential to the first party to whom it is addressed and should not be
disclosed to any one even after the contract expiration.
Adding products policy


1. The second party acknowledges that it has all rights to the products- including the
designs agreed upon between the parties that will be offered on the first-party’s
website and its sales channels.


2. The number of products is limited according to your subscriptio package.
However, you can increase the number according to you package.


3. The Second Party acknowledges that all trademarks that will be used to promote
and market products through the fiirst party website and its sales channels are
wholly owned by the second party and that they own all ownership rights without
any liability to the first party arising from the display and promotion of such
products and the use of the trademarks either now or in the future.


4. We have the right to prevent the sale of any product on Wishalba platform for any
reasons that the management deems convincing without consulting the second
party and you will be notified in the event of the ban by e-mail.


5. If you do not comply with our terms and conditions, we will not approve the sale
of your products on our platform.


6. Wishalbas only allow designers to sell fashion, cosmetics and licensed skincare
products that are available to all segments of society after we approve it. This
also applies to unmentioned products.


7. The merchant must comply with commercial regulations and laws of the Kingdom
of Saudi Arabia.


8. The second party is responsible for updating his/her own page on the website in
respect of his/her information and availablity of goods and quantities in a prompt
manner to allow us to update the information before receiving any request for the
offered piece. If the account is managed by Wishalbas on your behalf, you mus
notify us of any change regarding the condition of your products as soon as
possible by email via care@wishalbas.com .


9. Each product type is measured according to a set of international measurement
standards that are adopted around the world and every product type is measured
according to the table attached.


10. If you sell products that are not subject to the international measurement
standards, then you should provide the most accurate measurements and if you
cannot decide on the size/measurement please email us at
care@wishalbas.com .


11. The parties agrred that the sellin gprices of the products offered on our platform
will be set by the second party according to the form filled by the second party
which we assume are deemed to be competitive. However, if no sales occur
during a 3-month period at the current prices from the date of uploading the
products on our platofrm, then it is agreed between the two parties to reduce the
prices to a level deemed reasonable with the competition and the current market
conditions.


12.The second party may reduce the price of non-exclusive products at their own
discretion to attract customers at any time during the course of the contract.


13. The second party agreed to not sell any products on other platforms at prices
lower than those offered on the first party’s platform.


14.The second party undertakes to comply with all the specifications and terms
contained in the designs provided to the first party to be displayed on its website.
The second party also undertakes to fulffil all its contractual obligations with the
customers such as covering any losses or damages that was caused by the
second party negligence.


Image Quality


1. You are allowed to upload a maximum of 6 images per products and the number
of products is limited according to the subscription package.


2. Image quality should not be lower than 72 pixels.


3. Image dimensions should be at least 1000 pixels wide and 1300 pixels long.


4. Images provided must have a white background. (Background editing is available
for free depending on your package)


5. The products can be displayed on a male/female mannequin that complies withthe local rules of the Kingdom of Saudi Arabia.

6. The first party may delete, modify or add parts or all of the image to the final
image, as we deem acceptable.


7. The first party may use the images provided by the second party in any manner
for the purpose of marketing and promotion.
Rendering of Subscription Package Services Policy
Employment of a model


1. The fee for the employment of a male/female model depends on your
subscription package. Should you need a model for your prodcuts, you must
notify us in advance to make the enecessary arrangement to secure a suitable
model. Should we face any diffculties in securing a suitable model we will notify
you within 7 days of your request to hire a model.
2. Should we secure your preferred model, you must comply with the specified
dates or you shall bear all damages or costs associated with delay or
non-attendance to the agreed site. For customers outside of Jeddah, products
must be shipped to our headquarter.
Image Editing


1. The provision of additional photo editing (above the allowable package limit) is
available according to the prices set for your subscription package as shown in
the packages table.


Photography
1. The provision of picture taking is currently available only in Jeddah and soon will
be available in other major cities around the kingdom.


2. The location of the photo session mentioned in the package is agreed upon in
advance and in accordance with our working schedules. If the vendor happens to
be outside the kingdom of Jeddah or Saudi Arabia, he/she must send the
products to a location agreed upon with the vendor and you shall bear all costs of
shipping. Our friendly customer care department can assist you with the shipping
process.


3. The second party shall provide its own model for the shoot as well as provide all
the products at right time ready for the photoshoot.
4. When a photo session is booked and agreed upon with the first party, the second
party shall abide by the time specified. If the second party does not show up on
the specified time, the photo session will be cancelled and cost will not be
refunded.


E-marketing Services


1. Additional e-marketing services can be ordered to increase the number of
impressions and the cost of this service depends the subscription package.


2. Should you need to add this service to your existing package, please contact our
customer service to request this service.


Logo Design Service


1. The second party will fill out the special form for the logo design service which
can be requested from the customer service. We will create 3 logos for the
second party for which only one logo should be selected and the selected design
can modified two times.


2. Delivery period for the 3 logos will be agreed between the two parties
Content Writing Service


1. We rewrite the content of your products with key words to improve products
visibility on search engine results.


Online Sales Policy


1. The second party undertakes to provide the products offered on our platform
within a short period no longer than one working day from the time a customer
orders the product. Should you sell products on our platform that require more
than one day to be ready, then you must provide this information in the product
description.


2. Should a customer order a product that is unavailable due to not updating your
information on a timely-manner, the first party will still deduct the commission rate
agreed upon between the parties in accordance with your subscription package
as well as any other fees associated with this issue.


3. In case of sales returns, the second party will bear all costs related to processing
a sales return only if there is a mistake from the second party such as wrong or
inaccurate product description or sending products with different specifications
than what the customer ordered.


4. The second party can add additional products according to its subscription
package, which outlines the price for this service.


5. The second party agrees to grant the first party the rights to use the second
party’s trademarks to promote and market its products on the first party’s website
and its own sales channels.


6. The second party undertakes to send all exclusive products chosen by the first
party to our headquarter or any location we specify.


7. The first party undertakes to arrange the shipment of products ordered through
our platform either by sending our representative to pick the products or by
asking the second party to hand over the products to one of our fulfilment centres
under our directions.


8. The second party undertakes to set a default pick-up location for the first party to
approve on its database. The approved location will be used to determine the
shipping cost for the customer. However, should you choose to change the pick
up location of your products, then additional shipping costs will be borne by the
second party (vendor/designer).


Reviews Policy


Reviews are a great way for you to build a reputation on Wishalbas. Buyers can
leave a review, including a one to five star rating and a photograph of their
purchase, within 30 days after their item’s expected delivery date. The estimated
delivery date is the purchase date + processing time + shipping time. Buyers can
edit their review, including the photograph, any number of times during that
30-day period.


Payment Policy
1. Financial dues of the second party shall be paid within 60 days of the customers’
receipt of the products. The second party shall not be entitled to claim its dues
until the completion of the period mentioned and after settling any refund with the
customers.


2. The parties agreed that the first party shall be entitled to receive a (……….)
commission from the sale of products for the promotion and marketing of the
second party’s products on the first party’s website and its sales channels.


Transfer of Financial Dues


1. If the second party is inside the Kingdom of Saudi Arabia, then its financial dues
will be transferred within 7 days from the date of claim request.
2. If the second party is outside the Kingdom of Saudi Arabia, then its financial dues
will be transferred within 20 days of the date of claim request.


Dispute Policy


1. In the event of any disputes between the two parties in relation to the
interpretation or implementation of this contract, we will settle the disputes in
accordance with the Saudi legal system at the General Court in Jeddah, Saudi
Arabia.


Two original copies of this contract are produced for each party
First party: Second party:
Commercial registration: Fashion Designer ID:
Email: Email:
Signature Signature
_____________________ _____________________