Terms & Conditions for the Jowato vendor
Jowato, an ecommerce marketplace base in Ghana give businesses the opportunity to sell their products and services to the rest of the world via our digital marketplace. The marketplace is currently provided on www.jowato.com and a soon to be published mobile application. Jowato is an environmentally conscious and a sustainability company. We encourage tree planting to help in mitigating the environmental impact of our customers and the general public. A potential vendor must not someone against tree planting.
All registered vendors have the privilege to sell their physical and digital products on our marketplace and agrees that Jowato accepts purchases and receive payments on their behalf. All registered vendors again must adopt the use of biodegradable and/or recyclable packaging. Our services is only limited to marketing our marketplace for referrals, receives orders and payments on our vendors behalf.
Without notice, Jowato has the right to carry out any changes to the website or suspend the service.
Jowato’s rights and obligations
A vendor is responsible for listing their products and services on the website and Jowato will only market. In a case he/she cannot, Jowato team will give some reasonable assistance for or without a fee to be determined by Jowato.
Jowato will do anything to maintain its reputation for quality and high standards of service, Jowato reserves the right to terminate the relationship with any vendor if they repeatedly receives bad reviews or complains from our customers and fails to comply with our recommendations.
Vendor’s rights and obligations
The vendor is obliged to provide all the information necessary when listing a product or service on the Jowato marketplace. This should include but not limited to, a detailed title and sub-title, price, quantity, picture, description and colour. The vendor must never knowingly deceive a potential customer by misrepresenting their products and services. The vendor must notify Jowato of any changes to the detail of their listings while uploaded on the site.
The vendor guarantees that information listed on Jowato relating to his/her products and services satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.
The vendor will be responsible for keeping an up-to-date inventory of all their products listed on the Jowato marketplace.
The vendor guarantees that the information provided by him/her does not violate any third party's copyright.
The vendor will contact the customers not more than necessary for processing order(s) referred by Jowato. In particular, the vendor will not send any advertising email or other commercial advertisements to the customer without prior agreement from Jowato or the expressed wish of the customer. When delivering products sold via the Jowato marketplace, the vendor will not advertise any of Jowato's competitors.
The vendor will process orders and arrange delivery with all reasonable care the moment receipt of confirmation of sale is received through the Jowato site via email and/or text message.
The delivery options and time indicated on their listing is binding, orders should be fulfilled within 1 working day or as stated in the shipping time on the Jowato marektplace. The vendor is required to keep his/her advertised products and services available to the best of his ability. Repeated stock-outs will result in the removal of the vendor and all their products from the Jowato marketplace.
If the vendor cannot fulfil an order submitted to him/her, he/she must notify Jowato as soon as possible, and within 1 day of receiving the order at the latest.
The vendor agrees to adhere to his/her range of products and services and prices as provided to Jowato and as described on their listing on the website. The vendor guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products or services they are selling through the marketplace. The vendor further guarantees to take great care and to keep up-to- date his/her range of products, stock count, prices and associated terms and conditions, like delivery fees.
The Jowato vendor will provide a copy of his/her valid Identity Card at the contract signature.
The vendor agrees to pay Jowato a fixed percentage commission on the gross revenue from their sales made through the Jowato marketplace. Depending on the category, it may be appropriate to agree different commission percentages for certain items or products or services categories.
Jowato may start charging additional fees for the sale of goods through the Jowato marketplace at any point. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees and product photography charges. In the event of the introduction of further fees, the vendor will be notified prior to their commencement in writing and they will have the option to opt out.
Jowato reserves the right to adjust the percentage commission, providing suitable notice is served in advance to the vendor. Jowato will give the vendor adequate notice of any commission changes in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.
Customer online payment
In a case of electronic payment by the customer (e.g. by credit card, debit card, mobile money or Wireless online Transfer), Jowato collects the payment for the relevant order in Jowato’s name on behalf of the vendor, and pays it out to the vendor according to the invoicing and commissions agreement.
The vendor will keep receipts of deliveries to customers for at least 12 months and make those available on request. In case of problems that may cause the order to be rescinded, or in case of a delivery failure, the vendor must immediately notify Jowato by phone so that the credit card payment may be cancelled.
The vendor bears the risk of abuse of the payment medium (e.g. of credit card or debit card fraud). If a fraudulent payment has been credited to the vendor, Jowato reserves the right to correct the amount the vendor is invoiced to offset this payment.
Invoicing and vendor payment
Jowato's invoices may be delivered by email, online, fax, post or in person. They include Jowato's claims on the vendor’s commission and, if applicable other fees as stated above.
Jowato is to send a monthly statement of confirmed orders to the vendor by the end of second week of each month after which the vendor will have 5 days for verification and commission settlement.
The vendor will pay commission to Jowato by ending of first week of every month of receiving the monthly statement unless there are disputes/clarifications needed which have to be conveyed to Jowato in writing within the allocated 5 days.
In case the vendor receives the payment of sold products/services on the Jowato marketplace directly, the vendor is bound to pay the agreed commission to Jowato in 5 days of receiving statement each month.
Payments would be made by bank transfer or cross cheque payable to Jowato.
The vendor indemnifies Jowato from all claims arising in relation to matters outside Jowato's control, including but not limited to the quality of goods and services provided by the seller. The vendor further indemnifies Jowato from third parties' claims resulting from any violation of laws and regulations by the seller.
Jowato cannot guarantee that its service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.
VAT liability rests with the merchant and Jowato will not be responsible for any VAT issues.
Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for three years after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, vendors and business partners.
Jowato has the right to freely maintain the vendor's listing and its ranking on the website. Jowato offers customers the opportunity to give ratings and reviews of the vendor's goods and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. Jowato reserves the right to delete ratings and reviews.
Jowato may scan, transcribe, and publish online the vendor's listings, logos and other materials required. The vendor grants Jowato a royalty- free, perpetual, unrestricted licence to use and distribute any materials provided by him/her, for the purpose of advertising Jowato's service. In particular, this includes use in Google Analytics campaigns, domain name registrations and other online marketing and search engine optimization measures.
Terms and termination
This agreement is valid as soon as the vendor signs the contract, or fulfils an order referred by Jowato, and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause remains unaffected.
The right to immediate termination in particular covers the case where the vendor repeatedly receives negative ratings and reviews on the website, and when these are not convincingly justified. Repeatedly providing misleading information or withholding information required to present the vendor's products and services is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
If a single clause in this agreement is invalid, both parties will endeavour to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
Jowato reserves the right to modify her general terms and conditions without giving any justification. In that case, Jowato will give the vendor adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.
The changed terms and conditions are considered agreed by the vendor if he does not object to them in writing within 2 weeks of receiving notice of the changes.
Any terms and conditions of the vendor are not part of this agreement unless Jowato expressly agrees to adhere to them in writing.