Agreement for the use of the trading arena “Hockey Market” on the website hockey.co.il (hereafter “the site” or “the market”) between the owner of the arena – Like2Be Ltd. ( hereafter: the “company”) and the seller ______ (hereafter: “the seller “) who wishes to open an independent store in the arena (hereinafter: “the store”) subject to the conditions appearing in this document or in the documents attached to it (hereinafter: the “agreement”).
- The seller’s details will appear in the store’s profile and the seller guarantees that they are complete and correct, including the complete contact details
- The seller undertakes to fill in the store at the designated place the terms of service, the shipping policy, the store policy, returns and credits, within up to 7 business days from the opening of the store. The policy will bind the seller to the customers who purchase directly in the store or contact the seller following the visit to the store (hereinafter: “the customer”)
- The seller declares that he owns an income tax file, and maintains accounting books according to the law.
- The company provides the seller with an advertising and technological platform for presenting, managing and selling the products to customers, for a commission from each sale made both on the website and following the exposure of the customer to the seller’s store on the website. (hereinafter: “the commission” or “the sales commission”)
- The seller declares that the products he will offer in the store are of good quality, and will make sure to publish accurate information about the products, including the description, photos, measurements and availability.
- The seller will be responsible for providing the full product and service to the customer, including the warranty, service and response to inquiries, deliveries and returns
- The company may offer the seller, with his consent, promotion services for his products or his store both in the arena and outside, such as sponsored, social or organic promotion for a one-time and ongoing payment (hereinafter: “promotion services”) which will be priced and agreed upon between the parties according to the scope and nature of the promotion
- The amount of the sales commission will be agreed upon between the parties either comprehensively for all products or according to different categories of products or per product and will be updated on the website and in correspondence between the parties via email/WhatsApp
- Transaction types and billing
A. When the customer placed an order on the website and paid through the settlement with the credit card received by the company (hereinafter: “online credit transaction”)
B. When the customer placed an order on the website but chose to pay by transfer, in the application or in cash directly to the supplier (hereinafter: “direct online transaction”)
C. When the customer did not place an order on the website, but contacted the seller by phone or through the website, with delays in exposure to the product on the website, and paid directly to the seller (hereinafter: “offline transaction”)
- For the avoidance of doubt, the company will be entitled to a commission from the customer’s transaction resulting from the advertisement on the website, even if the sale and payment is made outside the website in a direct way between the seller and the customer.
: A. Online transactions of any kind are automatically recorded on the website and can be tracked, while updating their status according to the product delivery status.
The seller has full access within the store management and will be able to clearly see the total transactions made in his store.
B. For offline transactions as well as direct online transactions , the parties will manage a GOOGLE SHEETS report accessible to both (hereinafter: “the report:”) and the seller undertakes to inform the company of each sale and to document the transaction in the report specifying the customer’s details, the amount of the transaction and the total commission due to the company, in accordance with the terms agreed upon in advance and the amounts received from customers.
- Commission payments or amounts due to the seller:
In online credit transactions, the company will set aside for the seller the funds collected from the customer after deducting the expenses as follows: VAT, a 1.5% clearing fee paid by credit card or 3.5% if cleared through PayPal, the amount of the arena’s commission, promotion costs (if ordered by the seller) , the shipping cost if the shipment was made by the company
B. In offline transactions and direct online transactions, the seller will pay the company the total fees accumulated every month according to the aforementioned report
- Payment date
Within up to 2 business days from the date of actual receipt of the funds from online transactions (usually within one business day) the company will transfer to the seller the part he is entitled to from the transaction, minus the aforementioned expenses.
For the offline transactions, the payment will be made by the seller to the company once a month, until the 5th of the month, according to the total transactions accumulated according to the report.
- In direct online transactions and offline transactions where the seller received money directly from the customer, the production of the tax invoice and/or receipt is the responsibility of the seller, directly with the customer.
- The form of payment
A. In online transactions, the amount due to the seller will be paid to his bank account or via the Bit/Paybox application of his choice.
B. In other transactions where the seller must pay the company for the commissions, he will pay by transfer to the company’s bank account at Bank 12, branch 637, account 288033 or by paybox to the mobile phone number 052-6630620
- Each party will be able to offset the payments due to him from the amount he owes to the other party at the time of payment.
- For any payment made by one of the parties, the other party will be required to issue a receipt tax invoice and submit it within 7 business days after receiving the payment
- The cancellation and credit policy
A. The seller will be responsible for receiving the products from the customer in order to allow a credit, as part of the cancellation policy to which he has committed in his store
B. The company waives sales commissions due to it from canceled transactions or products that have been returned and redeemed
C. In an online credit transaction, the clearing fee incurred by the company will be paid by the seller
D. If the site or the company made and financed the shipment, the shipping cost will be absorbed by the customer or the seller
- Canceling and crediting online transactions with credit
A. After receiving the product, the seller will return to the company the funds he received from the company for the product, plus the settlement fee, between 1.5% and 3.5%, depending on the settlement.
B. Within 2 business days after receiving the funds, the company will make sure to make a credit against the clearing provider, who will charge it for the amount of the transaction including the clearing fee, which will be financed by the aforementioned seller.
That means the customer will receive his full amount to the credit card directly from the clearing company, and the seller will return to the company the total amount he received plus the clearing fee.
C. The transaction will be updated in the store and on the website with the status “cancelled”
D. If the seller wants the customer to absorb the clearing fee, he will make sure to indicate this in the credits policy in advance and collect the amount of the clearing fee or the cancellation fee from the customer directly.
- Cancellation and crediting of offline transactions and direct online transactions
A. After returning the product, the seller will reward the customer with the payment he received from him in any way acceptable to them
B. The seller will update in the report of the offline transactions that the transaction has been canceled and the sales fee will be canceled
- Temporarily freezing the store
The seller will have the option to freeze the store and temporarily remove it from the website, however this will not prevent the parties from accounting for the transactions that have been carried out and the payment for them has not yet been settled.
- Consumer protection and intellectual property
The seller declares that the provisions of the Consumer Protection Law 1981- are known to him and he undertakes to act according to them, including everything concerning the rights of the consumer to “cancel a distance sales transaction”. The seller will be solely responsible for any damage resulting from his violation of the provisions of the Consumer Protection Law, and will indemnify and indemnify the company for any demand or claim filed against it by a customer who purchased a product in the seller’s store, for any reason
The seller undertakes that in operating the store he will not violate third party rights, including copyrights, trademarks or other proprietary rights.
The seller will be solely responsible for any damage resulting from the violation of copyrights, trademarks, other proprietary rights, and will indemnify the store for any demand or claim filed against it in this regard
The seller undertakes not to use the store to publish wrong, inaccurate, misleading, defamatory or defamatory content. The seller also undertakes not to sell sexual services or illegal services in the store according to the laws of the State of Israel, including the Penal Law 1977 and the Dangerous Drugs Ordinance (new version), 3.19-1973 1973.
- The seller confirms that if he is negligent in fulfilling or violates any of the provisions of this agreement, or if he does not deliver a product purchased by the customer in the store within a reasonable period of time and in accordance with the terms of service he has committed to the customer, the company will be entitled to immediately download the product and/or the seller’s store from the website
D. The company undertakes to update the customer on any changes to the above by means of an email notification
- Duration of the agreement
The store will operate for an unlimited period as long as the parties have not notified each other of the termination of the agreement, or violated it and did not correct it within 7 business days.
- Termination of the agreement
A. At any time, the parties may immediately terminate the agreement with written notice.
B. With the termination of the agreement, the store will be taken off the air
C. Despite the drop from the air the seller is committed to providing the supply of all products that have been sold, paid for and not yet delivered to customers
D. The parties will make a final settlement between them and the balance will be paid to whichever party is entitled to the balance, within 7 business days of receiving the amounts from the customers or from the date of termination of the contract, whichever is later.
- Any dispute between the parties will try to be resolved in a good spirit, and if they are unsuccessful, they will refer to an independent arbitrator acceptable to both parties. If the arbitrator’s attempt was unsuccessful, they will refer to the Tel Aviv Magistrate’s Court.