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MARKETPLACE: SITE TERMS
MARKETPLACE: SITE TERMS
Any dispute, claim or controversy arising out of or in connection with the Site Terms (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with the Site Terms) shall be referred to the parties’ respective officers for resolution. If any dispute remains unresolved twenty-one days after being referred to the parties’ officers, it shall be finally settled:
if the Doux Deal Contracting Party is a Person forming part of Doux Deal: by arbitration under the Arbitration Rules of the Pakistan Finance Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be PAK Finance Centre. The language to be used in the arbitration shall be English;
if the Doux Deal Contracting Party is Doux Deal: save as set out below, through the commercial courts of the Board of Grievances of the Islamic Republic of Pakistan which shall have exclusive jurisdiction; or
which Rules are deemed to be incorporated by reference into this clause? The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be PAK Finance Centre. The language to be used in the arbitration shall be English.
Notwithstanding the foregoing, Doux Deal may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Site to infringe any third party’s intellectual property rights.
FULFILLED BY DOUX DEAL (DOUX DEAL): DOUX DEAL TERMS
DOUX DEAL SERVICES:
Following the registration by the Seller of an account on the Site in order to sell Products via the Site in the Pakistan, using functionality we may enable for your account, you shall become eligible to receive from Doux Deal the “direct-to-consumer” order fulfilment services in Pakistan. These services are generally described on the Site at http://help.sell.douxdeal.com/en/article-categories/fulfilment-by-Doux Deal-com/ which may be amended from time to time, and are called the “DOUX DEAL Services”. As set out on the Site at http://help.sell.douxdeal.com/en/article-categories/fulfilment-by-Doux Deal-com/, the DOUX DEAL Services are separated into Storage Services and Fulfillment Services (and are a sub-category of the Services provided according to the Site Terms).
DOUX DEAL TERMS:
Upon agreeing to provide the DOUX DEAL Services to you, in the Elected Pakistan, (and to your Affiliates in Pakistan as agreed with us), we shall do so in accordance with these terms which are called the “DOUX DEAL Terms”. These DOUX DEAL Terms are part of the Site Terms, and, unless specifically provided otherwise, apply only to the Seller’s participation in DOUX DEAL and the receipt of the DOUX DEAL Services in Pakistan as agreed with us. By using the DOUX DEAL Services or listing Products for DOUX DEAL, you (either in your individual capacity or on behalf of the business that you represent) as the Seller, reconfirm your agreement to be bound by the Site Terms and the DOUX DEAL Terms. The DOUX DEAL Terms apply only to the DOUX DEAL Services. Save as otherwise set out in the DOUX DEAL Terms, the Seller acknowledges that we do not take title or ownership of the Products or the inventory of Products at any point in time by virtue of the provision of the DOUX DEAL Services according to the DOUX DEAL Terms. Title to the Products shall remain with the Seller until successful and completed delivery to the customer, or will remain with Seller for Products that are returned to the Seller. You expressly agree that the Doux Deal may engage its Affiliate(s) or a third party in order to complete one or more of the DOUX DEAL Services. To the extent of any inconsistency or conflict between the Site Terms and the DOUX DEAL Terms, the DOUX DEAL Terms, unless expressly stated otherwise, take precedence.
CROSS BORDER DOUX DEAL SERVICES:
To the extent that the Elected Country is Pakistan, then Doux Deal DOUX DEAL may offer the Fulfillment Services aspect of the DOUX DEAL Services to the Seller outside of the Pakistan to any of the Kingdom of Saudi Arabia, Bahrain, Kuwait, Qatar, Oman, China, Iran and Bangladesh and such other countries as Doux Deal may determine from time to time (in each and every case, and at all times, strictly subject to Applicable Laws in the PAK or in any destination Pakistan) (Cross Border DOUX DEAL). If you elect to participate in our “Cross Border DOUX DEAL”, we will ship such of your Products that we determine to be eligible (at our sole discretion), to addresses within countries we determine to be eligible for foreign shipments (at our sole discretion), subject to any additional terms on foreign shipments. In such a case, and subject to such additional terms implemented by Doux Deal, the Seller or the Seller’s customer shall bear the full cost of delivery and shall be listed as the importer and/or exporter of record, as applicable, on all Cross Border DOUX DEAL, returns, and other shipments of Products and we shall not be listed as the importer or exporter on any import, export or other customs documentation. If Doux Deal is listed on any import/export documentation, Doux Deal reserves the right to refuse to ship the Products covered by the import/export documents and any costs assessed against or incurred by Doux Deal will be collected from you in accordance with the Site Terms (including by way of deduction from amounts payable to you), or by other method at our election.
DOUX DEAL SERVICES:
During the DOUX DEAL Term (being the period during which Doux Deal provides the DOUX DEAL Services in Pakistan), Doux Deal shall provide Seller the DOUX DEAL Services in respect of certain Products in the relevant Pakistan designated by the Seller the “DOUX DEAL Products”. The Seller can allocate any Products that it sells according to the Site Terms as Products (provided Products weight, when fully packaged, no more than the amount set out on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/ for Pakistan and subject to any specific capacity limitations set out on the Site (whether generally or by Pakistan, and in each case as may be amended from time to time). At all times, Doux Deal may refuse to provide the DOUX DEAL Services in respect of any such Product(s). Seller may, at any time, withdraw any Products from the scope of these DOUX DEAL Terms.
We will provide storage services as described in these DOUX DEAL Terms in the relevant Pakistan once we confirm receipt of delivery of Products in accordance with these DOUX DEAL Terms. We will keep electronic records that track inventory of Products by identifying the number of Products stored in any fulfillment center. We will not be required to physically mark or segregate Products from other inventory units (e.g., products with the same Doux Deal standard identification number) owned by us, our Affiliates or third parties in the applicable fulfillment centers. If we elect to commingle Products with such other inventory units, both parties agree that our records will be sufficient to identify which products are DOUX DEAL Products. We may move Products among facilities. If there is a loss of or damage to any Products while they are being stored, we will, as your sole remedy, reimburse you in accordance with our guidelines or protocols in force at that time, which may be referred to on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/ and you will, at our request, provide to us a valid tax invoice for the compensation paid to you. If we reimburse you for a DOUX DEAL Product, we will be entitled to dispose of the DOUX DEAL Product pursuant to paragraph 17 of these DOUX DEAL Terms. This reimbursement is our total liability for any duties or obligations that we or our agents or representatives may have and is your only right or remedy.
As part of our Fulfillment Services, we will ship Products from our inventory of your Products to the shipping addresses in the Pakistan and Other Elected Countries as included in valid customer orders. We may ship Products together with products purchased from other merchants, including any of our Affiliate or may ship Products separately that are included in a single customer order.
ORDER FULFILLMENT AND SHIPPING:
In Pakistan, to the extent that Products are to be shipped to the Seller’s customer, Doux Deal shall provide the relevant DOUX DEAL Services upon the placement of the order through the Site (subject to the Seller’s inventory of Products being available to allow Doux Deal to provide the DOUX DEAL Services). The Seller retains full responsibility for ensuring that Products are available to allow Doux Deal to provide the DOUX DEAL Services.
DOUX DEAL FEES:
Subject to the payment of any Fees set out in the Site Terms generally for the provision of Services and the making available the Site for the purposes of selling Products, the DOUX DEAL Services are currently provided without additional charge to Sellers. Doux Deal retains the right to charge Sellers the DOUX DEAL Fees for the DOUX DEAL Services on the expiry of 30 days’ notice (DOUX DEAL Fees Notice Period). The current indicative cost of each of the DOUX DEAL Services is set out in on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/. For the avoidance of doubt, the amount of the DOUX DEAL Fees, and/or the scope of the DOUX DEAL Services (or part of the DOUX DEAL Services) for which they are chargeable is provided as an example of the likely charges for the provision of the DOUX DEAL Services (or any part of them). Doux Deal may update the amount or scope of the DOUX DEAL Fees (or any part of them) at any time, for Pakistan and other Elected Countries (either in whole or in part) (or for any other Country).
DOUX DEAL FEES NOTICE PERIOD:
The DOUX DEAL Fees Notice Period shall commence upon midnight on the date that the Site is updated to indicate the commencement of the DOUX DEAL Fees Notice Period. The Seller shall not be liable to pay for DOUX DEAL Fees for the DOUX DEAL Services provided before the expiry of the DOUX DEAL Fees Notice Period. Upon expiry of the DOUX DEAL Fees Notice Period, the Seller shall pay Doux Deal the DOUX DEAL Fees for the DOUX DEAL Services. The Seller acknowledges and expressly agrees that Doux Deal may deduct the DOUX DEAL Fees from the Seller’s account in accordance with the Site Terms. The Seller acknowledges Doux Deal can monitor all payment activities conducted through the Seller’s account in accordance with the Site Terms.
INDICATIVE DOUX DEAL FEES:
Subject to the expiry of the DOUX DEAL Fees Notice Period, and to Doux Deal’s rights to change the DOUX DEAL Fees, for Pakistan and other Elected Countries including (but not limited to) as set out on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/, Doux Deal may charge and the Seller shall pay:
the Fulfillment Fees, being the amount chargeable for each DOUX DEAL Product that is sold and shipped through the Site, and which are chargeable according to the weight of the DOUX DEAL Product and the Pakistan and other Elected countries in which it is shipped (and subject in each case to the weight capacity limitations referred to on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/ and subject to any capacity limitations set out on the Site; and/or
the Storage Fees, being the amount chargeable for all Products stored by Doux Deal in a Doux Deal fulfillment center facility (or on its behalf) based on the volume used per day. The volume of any Product shall be determined based on each relevant fully and properly packaged DOUX DEAL Product when ready for shipment to customers. Doux Deal (in its sole discretion) shall determine the volume of such Product for this purpose (based either on actual measurement or on measurement of a representative sample). The Storage Fees, in Pakistan in which the Products are stored shall be charged beginning on the day (up to midnight) that each DOUX DEAL Product arrives at Doux Deal fulfillment center, until, the earlier of the day (up to midnight) Doux Deal:
RECEIVES AN ORDER FOR THE PRODUCT TO”
be shipped to the Seller’s customer; be shipped to Seller’s designated return location; or disposes of such Products in accordance with these DOUX DEAL Terms; and/or the Return Fee, being the amount chargeable for making available the Return Products for collection in accordance with paragraph 18 of these DOUX DEAL Terms.
SHIPPING TO DOUX DEAL (GENERAL):
Seller is responsible for delivering the Products to the relevant Doux Deal fulfillment center facility in the Pakistan which shall be subject to inspection in accordance with these DOUX DEAL Terms. Seller shall pay for all costs incurred to ship the Products to Doux Deal (including costs of freight and transit insurance) and Doux Deal shall not pay any shipping costs. Seller is responsible for payment of all customs, duties, taxes, and other charges. Seller shall not deliver to Doux Deal, and Doux Deal may refuse to accept, any Products or shipment that does not conform to the Site Terms or these DOUX DEAL Terms. Doux Deal’s confirmed receipt of delivery does not:
(a) indicate or imply that any Product has been delivered free of loss or damage, or that any loss or damage to any Product later discovered occurred after confirmed receipt of delivery.
(b) indicate or imply that Doux Deal actually received the number of units of the Product(s) specified by the Seller
(c) waive, limit, or reduce any of Doux Deal’s rights under these DOUX DEAL Terms.
(d) confirm that such Products meets any necessary criteria (including as to the authenticity of the Products.
(e) confirm that such Products have not expired by reference to any expiry date or period applicable to the Products or warrant, represent, affirm or contest the scope or validity of any intellectual property rights related to the Products. In addition, if you ship Products from outside the Pakistan to fulfillment centers, you will list yourself as the importer/consignee and nominate a customs broker. If Doux Deal is listed on any import documentation, Doux Deal reserves the right to refuse to accept the Products covered by the import documents and any costs assessed against or incurred by Doux Deal will be collected from you in accordance with the Site Terms (including by way of deduction from amounts payable to you), or by other method at our selection.
SHIPPING TO DOUX DEAL (DISCOUNT):
Subject always to paragraph 12 of these DOUX DEAL Terms, we may, at our option, allow you to ship the Products in the Pakistan at your expense to fulfillment centers using discounted shipping rates that we may make available to you for certain carriers. In such event, you will use the processes and supply the information that we require for you to obtain such discounted rates. You also must comply with standard operating procedures, weight and size restrictions, and other shipping requirements of the applicable carriers. If we provide you with the estimated shipping costs prior to shipment, you acknowledge and agree that actual shipping costs may vary from such estimates. In addition, if the weight of the DOUX DEAL Products, as determined by the applicable carrier, differs from that submitted by you to us for purposes of determining the estimated shipping costs, then.
(a) you may be charged more than the estimated shipping costs if the carrier determines that such Products weigh(s) more than as submitted by you.
(b) you may be charged the full amount of the estimated shipping costs even if the carrier determines the weight to be less than that submitted by you. You will not use carrier account information (e.g., carrier account number, amount of shipping rates, etc.) for any purpose, nor disclose such information to any third party, and you will protect such information as Doux Deal’s confidential information in accordance with Site Terms. As between you, us, and the applicable carrier, you will be the shipper of record, and we will make payment to the carrier with respect to the shipment of all applicable Products using such discounted rates. Title and risk of loss for any such Products shipped using discounted rates provided by us under this paragraph of these DOUX DEAL Terms will remain with you, and our provision of such shipping rates will not create any liability or responsibility for us with respect to any delay, damage, or loss incurred during shipment. You authorize the applicable carrier to provide us with all shipment tracking information.
SHIPPING AND GIFT WRAP:
For any DOUX DEAL Products, where relevant, we will determine the amounts charged to the customer for shipping and gift wrap services (if any) for the Products that we fulfil as part of the DOUX DEAL Services in the Pakistan. As between you and us, these charges will be your charges to the customer, and we will report them to you. We will charge you (and you will pay us) a fee equal to the amount of such charges to the customer. In the case of shipments of Products sold through the Site that qualify for the “Free Shipping” promotion, the amounts charged to the customer for shipping any Products that Doux Deal fulfils will first be charged to the customer and will next be deducted from the total charges to the customer as your promotion and Doux Deal will not charge you the fee described above. If you ship Products to us using the shipping rates that we may make available pursuant to these DOUX DEAL Terms, you will reimburse us for the actual amounts charged to us by the applicable carrier for such shipments.
Upon receipt at or delivery to a Doux Deal fulfillment center facility (whether for the first time or following a return from the Seller’s intended customer) of a DOUX DEAL Product(s), the Seller acknowledges and agrees that, at Doux Deal’s discretion, any such Products shall be subject to a quality inspection by Doux Deal (or on its behalf). To the extent that the packaging of such Products is opened or removed, and the Products passes the inspection, Doux Deal agrees that the Products shall be repacked or resealed in such a manner as to be suitable for sale to customers. Doux Deal retains the right in its sole discretion to refuse to accept the Products or refuse to provide the DOUX DEAL Services in respect of any such Products that Doux Deal determines:
(a) is defective, damaged, unfit for a particular purpose, or lacking required labels.
(b) the labels for which were not properly registered with Doux Deal before shipment or does not match the Product that was registered by the Seller.
(c) is otherwise an excluded Product (in accordance with the Site Terms) or does not comply with the Site Terms.
(d) is unsalable, or cannot be fully and properly repaired by or for us to a suitable condition for resale (including where the expiry dates have passed, or where the remaining period prior to expiry date is less than fifty percent (50%) of the total shelf life of that Product.
(e) or is otherwise unsuitable, and together Products as set out in (a) to (e) shall be called “Failed Inspection Products”.
To the extent that Products stored at a Doux Deal fulfillment center facility are not sold within sixty calendar days from the date of their receipt at a Doux Deal fulfillment center facility (“Unsold Items”), such Products must be collected by the Seller. Doux Deal may offer the Seller transportation/shipment facilities to remove the items from Doux Deal’s fulfillment center facility at its standard price. If you do not respond to a request to collect an Unsold Item, or do not collect an Unsold Items, we shall deem it to be an “Uncollected Unsold Item”.
RETURNS TO DOUX DEAL AND RE-LISTING:
Doux Deal shall allow the Seller’s customer to return any Products according to the Site Terms provided that Products were shipped to addresses within the same Elected Country in accordance with the terms of these DOUX DEAL Terms. Following their return, if the Products are in a condition that may allow the Products to be resold through the Site (to be determined by Doux Deal at its discretion) and have been returned in accordance with these DOUX DEAL Terms, then Doux Deal agrees to re-list such Products for sale according to these DOUX DEAL Terms in the same Elected Country (but not according to any other terms or by reference to any other service that Doux Deal (or its affiliates) may offer). Except as provided in paragraph 20, you will retain or retake title of all Products that are returned by customers.
RETURNS TO YOU:
You may, at any time, request that Products be returned to you or that we dispose of DOUX DEAL Products. We may
- make available for collection those Products that you have requested to be returned to you, or return: (a) Products to you (for any reason), (b) Failed Inspection Products or (c) Unsold Items, including (in each of (i))
- upon termination of these DOUX DEAL Terms (Return Products) and we shall charge you the Return Fees for the return of each such Return Product. The Return Products will be sent to your designated shipping address. However, if the designated shipping address we have for you is outdated or incorrect, or you have not provided a designated shipping address in the Elected Country, or we cannot make arrangements for you to pay for the return shipment, then the Products will be deemed abandoned and we, to the extent permitted by Applicable Laws in the Pakistan, may elect to dispose of them in our sole discretion in accordance with paragraph 20 of these DOUX DEAL Terms.
DOUX DEAL PRODUCT RECALLS:
You will promptly notify us of any recalls or potential recalls, of any Products and cooperate and assist us in connection with any such recalls, including initiating the procedures for Return Products. In addition, to the Return Fees, you will be responsible for all costs and expenses you, we or any of our or your affiliates incur in connection with any recall or potential recall of any Products (including the costs to return, store, repair, liquidate, or deliver to you or any vendor any of these Products).
DISPOSAL OF RETURN PRODUCTS:
We, if we so elect, may dispose of any Return Products or Uncollected Unsold Items (and you will be deemed to have consented to our action)
- immediately if we determine in our sole discretion that such Product creates a health, safety, or liability risk to Doux Deal, our personnel, or any third party.
- if you fail to direct us to return or dispose of any such DOUX DEAL Product within thirty (30) days after we notify you that such DOUX DEAL Product has been recalled.
- if you fail to direct us to return or dispose of any Product within thirty days (or as otherwise specified on the Site) after we notify you. We may dispose of any Products in the manner we prefer. Title to each such disposed Products will transfer to us at no cost, as necessary for us to dispose of the Products, and we will retain all proceeds, if any, received from the disposal. You will reimburse us for all costs and expenses we incur in connection with the storage, and return or disposal of any Products.
We will be responsible for and have sole discretion regarding all customer service issues relating to packaging, handling and shipment, and customer returns, refunds, and adjustments related Products. We will have the right to determine whether a customer will receive a refund, adjustment or replacement for any Products. In situations relating to Products where the wrong Products was delivered or the Products was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents, or contractors, we will, as your sole and exclusive remedy and at our option for any Products.
- ship a replacement unit of the Products to the customer and reimburse you in accordance with our guidelines or protocols in force at that time, (including (but without limitation) to those referred to on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/ for the replacement Products.
- process a refund to the customer and reimburse you in accordance with our guidelines or protocols in force at that time, including (but without limitation) to those referred to on the Site at http://help.sell.Doux Deal.com/en/article-categories/fulfillment-by-Doux Deal-com/) for the DOUX DEAL Product(s). If, in these circumstances, we provide a replacement Products or refund to a customer and that customer returns the original Products to us, we will be entitled to dispose of the original Products pursuant to paragraph 19 of these DOUX DEAL Terms. Any replacement Products shipped by us under these Products Terms will be deemed to be, and will be treated in the same manner as, an order and sale of such Products from you to the customer via the applicable Site using the applicable Service in accordance with, and subject to these DOUX DEAL Terms and the Site Terms.
Seller acknowledges that it or its agent is solely responsible for identifying and resolving any sales, customs and use tax collection issues for product orders, including the necessity of charging and collecting such taxes. Seller understands and acknowledges that storing Products at fulfillment centers may create a tax nexus for Seller in Pakistan, state, province, Village, or other localities in which Products are stored, and Seller will be solely responsible for any taxes owed as a result of such storage. If any taxes are assessed against Doux Deal as a result of performing the DOUX DEAL Services for the Seller, Seller shall be responsible for such taxes and Seller shall indemnify and hold Doux Deal harmless from such taxes. All DOUX DEAL Fees are exclusive of applicable taxes and duties, including, without limitation, GST, sales and other similar transaction taxes, excise taxes and gross receipt taxes (“Indirect Taxes”). If the Product Fees payable by Seller are subject to Indirect Taxes, then Indirect Taxes will be charged by Doux Deal in addition to the Products Fees payable under these DOUX DEAL Terms. Seller will provide such information to Doux Deal as reasonably required to determine whether Doux Deal is obligated to collect Indirect Taxes from Seller or to allow Doux Deal to comply with its legal obligations in relation to the correct collection and enforcement of Indirect Taxes.
In addition to your obligations under the Site Terms, you agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, representatives, and agents against any Claim that arises from or relates to
(a) the Products (whether or not title has transferred to us, and including any Products that we identify as yours), including any personal injury, death, or property damage.
(b) the shipment, export, or delivery of your Products to addresses outside of the Pakistan in accordance with paragraph 4 of these DOUX DEAL Terms (including with respect to any classification data and other information provided by you to us in connection therewith, and notwithstanding any rights we have under paragraph 4 of these DOUX DEAL Terms or any certifications we may make in connection with the shipment, export, or delivery of your DOUX DEAL Products)
(c) any of your taxes or the collection, payment, or failure to collect or pay your taxes; and, if applicable
(d) any sales, use, value added, personal property, gross receipts, excise, franchise, business, or other taxes or fees, or any customs, duties, or similar assessments (including penalties, fines, or interest on any of the foregoing) imposed by government or other taxing authority in connection with the shipment of the Products outside of the Pakistan in accordance with paragraph 4 of these DOUX DEAL Terms (collectively, “Foreign Shipment Taxes“).
You, on behalf of yourself and any successors, subsidiaries, affiliates, officers, directors, shareholders, employees, assigns, and any other person or entity claiming by, though, under, or in concert with them (collectively, the “Releasing Parties“), irrevocably acknowledge full and complete satisfaction of and unconditionally and irrevocably release and forever fully discharge Doux Deal and each of our affiliates, and any and all of our and their predecessors, successors, and affiliates, past and present, as well as each of our and their partners, officers, directors, shareholders, agents, employees, representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by, though, under, or in concert with any of them (collectively, the “Released Parties“), from any and all claims, obligations, demands, causes of action, suits, damages, losses, debts, or rights of any kind or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccredited, determined or speculative (collectively, “Losses“) which the Releasing Parties now own or hold or at any time have owned or held or in the future may hold or own against the Released Parties, or any of them, arising out of, resulting from, or in any way related to the shipment, export, or delivery of Products to addresses outside of the Pakistan in accordance with paragraph 4 of these DOUX DEAL Terms, including any tax registration or collection obligations. You, on behalf of yourself and all other Releasing Parties, recognize that you, and each of them, may have some Losses, whether in tort, product liability, contract, warranty, or otherwise, against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or which may arise or accrue after the date you register for or use DOUX DEAL Services, which the Releasing Parties are giving up by agreeing to these DOUX DEAL Terms. It is your intention in agreeing to these DOUX DEAL Terms that these DOUX DEAL Terms will deprive the Releasing Parties of each and all such Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties, or any of them.
In addition to your representations and warranties in section 6 of the Site Terms, you represent and warrant to us that: (a) you have valid legal title to all Products and all necessary rights to distribute the Products and to perform under these DOUX DEAL Terms.
(b) you will deliver all the Products to us in new condition (or in such condition otherwise described by you in the applicable Product listing) and in a merchantable condition.
(c) all the Products and their packaging will comply with all applicable marking, labeling, and other requirements required by Law.
(d) no Unit is or will be produced or manufactured, in whole or in part, by child labour or by convict or forced labour
(e) you and all of your subcontractors, agents, and suppliers involved in producing or delivering Products will strictly adhere to all Applicable Laws of the Pakistan, its territories, and all other countries where Units are produced or delivered, regarding the operation of their facilities and their business and labour practices, including working conditions, wages, hours, and minimum ages of workers.
(f) that all Products that may be shipped outside of the Pakistan in accordance with paragraph 4 of these DOUX DEAL Terms:
(i) can be lawfully exported from the Pakistan, without any license or other authorization.
(ii) can be lawfully imported into, and comply with all Applicable Laws of Pakistan.
Doux Deal reserves the right to subcontract with other individuals and businesses for DOUX DEAL Services required to be performed pursuant to these DOUX DEAL Terms.
EFFECT OF TERMINATION:
Following any termination of the DOUX DEAL Terms (whether in whole or in part), Doux Deal shall, as directed by Seller, return to you or dispose of the Products held subject to the DOUX DEAL Terms. Upon any termination of these DOUX DEAL Terms, all rights and obligations of the Parties under the DOUX DEAL Terms, except that the rights and obligations of the Parties with respect to Products received or stored by Doux Deal as of the date of termination will survive the termination. To the extent relevant, Seller shall immediately return to Doux Deal all property (including without limitation, Confidential Information and all material related to any customers) that it has received from Doux Deal in connection with the performance of its obligations.
During the DOUX DEAL Term, Doux Deal recommends that the Seller maintains with a financially sound insurance company an insurance policy or policies insuring the Seller against potential liabilities under or in relation to the receipt of the DOUX DEAL Services (including in respect of product Liability and bodily Injury, including death and property damage) for Pakistan in which the DOUX DEAL Services are provided and to an extent and to limits that would be reasonably expected under the standards of good industry practice and Applicable Laws in the Pakistan.
Doux Deal Sellers by Doux Deal.com