Welcome to KONSTRUK E-Commerce website. Please read these Terms of Service (Seller)
(including all Schedules and Annexes) (“Terms”) carefully.
YOU AGREE TO BE BOUND BY THESE TERMS BY REGISTERING AND USING THE SERVICES. ALL POLICIES OF
THE PLATFORM IS INCORPORATED BY REFERENCE.
These Terms and Policies must be accepted by anybody who wants to use the Platform and the Services to sell Products. Upon entering into the Terms, you must produce a copy of any documents/ids requested by KONSTRUK.
2. Services and Fees
A. E-Commerce Platform. KONSTRUK is a marketplace where Sellers can offer Products for sale and execute transactions with those Buyers. KONSTRUK is not involved in the actual transaction between Sellers and Buyers and is not obligated to check the accuracy, completeness, or legality of the Seller’s Content provided on the Platform, except as set out in the Terms and to the extent permitted by relevant laws. It is your responsibility as the Products' seller to ensure that the sale is legal, that the Products are accurately described, and that the Products are packaged, shipped, warranted, and fulfilled in respect with all sale and after-sale responsibilities required by law or by trade. You are solely responsible for your use of the Services and Platform.
B. Services. Under these Terms, KONSTRUK provides the following General Services:
i) offering support services that enable you to list and publish Seller’s Content in relation to the Products available for purchase on the Platform;
(ii) providing you with a platform on which to sell your products;
(iii) limited Buyer care services, such as organizing and responding to Buyer inquiries, as well as processing returns;
(iv) Fulfilment of orders, logistics coordination, and related services;
(vi) all Sales Proceeds collection, reconciliation, and execution; and
(vii) additional auxiliary services.
C. Fee. KONSTRUK reserves the right to charge and invoice you the Fee in exchange for its Services.
D. Settlement. Settlement of invoices for the Fee will be made by setting off against monies in your
KONSTRUK Merchant Account unless otherwise agreed in writing.
3. Sales Proceeds: Payment
A. Payment. You authorize KONSTRUK (or its designated providers) to (a) collect and hold the Sales Proceeds, as well as any other sums due or owing under these Terms; (b) calculate and process customer payments, refunds, and adjustments; (c) remit the Net Proceeds; and (d) pay any amounts you owe to KONSTRUK, KONSTRUK Affiliates, and third parties (including Buyers) in relation to your use or transactions on the Platform. You recognize and accept that payments from Buyer may be collected on KONSTRUK’s behalf by authorized service providers (such as logistics providers or offline payment channel operators).
B. Sales Proceeds. You agree that when KONSTRUK (or its selected providers) receives the Sales Proceeds, Buyers have fulfilled their obligations to you under the Buyer’s Contract. KONSTRUK 's (or its designated providers') obligation to remit funds received on your behalf is limited to the Net Proceeds (which are the Sales Proceeds minus any sums owed by you to KONSTRUK, KONSTRUK Affiliates, or third parties in relation to your use or transactions on the Platform, and subject to any chargeback, reversal, refund, withholding for anticipated claims, and/or deduction in accordance with these Terms and the Policies). KONSTRUK will be liable for the payment as an unsecured claim. For the avoidance of doubt, you will not receive interest or any other earnings on Sales Proceeds or Net Proceeds.
C. No Responsibility. KONSTRUK (or its designated providers) will not be held liable for the legality of any transactions that occur between Sellers and Buyers in connection with Orders placed over the Platform.
D. No Waiver and Remedies. If KONSTRUK reasonably believes that your actions and/or performance in connection with these Terms or the Buyer’s Contract are likely to result, or have resulted, in a breach of any provision of these Terms or the Policies and/or any failure to perform any due obligation under these Terms, any disputes, chargebacks, or other third-party claims (including Buyer’s claims), or if there is a breach of any provision of these Terms or the Policies, KONSTRUK may or may request that its designated providers delay or suspend payment. When a Payment is canceled, it is forfeited in favor of KONSTRUK, and you relinquish and waive all claim and entitlement to the funds.
E. Access to Tools and Services. You are responsible for providing and authorizing access to your authorized personnel in your Merchant Account, as well as ensuring that anyone filling out or signing any documents on your behalf, operating the Merchant Account, or handling the Products (other than a KONSTRUK employee, contractor, or agent specifically mandated by KONSTRUK) has full power and authority to do so. Unless you have given KONSTRUK advance written notice of such person's lack of power, all activities made by anyone accessing or using the Merchant Account, Services, or Tools on your behalf will be regarded as duly authorized by you.
F. Fulfilment of Orders. Merchant Delivery: You are responsible for delivering Products to Buyers via your own logistics services, or a third-party logistics provider.
G. Returns, Failed Deliveries, and Inadequate Product
A. Commission Refund. If your order is returned for any valid reason, KONSTRUK will refund your commission.
B. Sales Proceeds. In the event of a failed delivery:
(i) where KONSTRUK receives the item, the sales proceeds will be reimbursed to the buyer, and
(ii) the Net Proceeds will be repaid to KONSTRUK if you receive them.
C. No Responsibility. KONSTRUK shall not be liable for any claims, demands, liabilities, expenditures, losses, costs, or
damages arising rom any Failed Delivery and/or Returned Products and will seek reimbursement from you for all costs paid in this regard
4. KONSTRUK Rights.
MERCHANT ACCOUNT DEACTIVATION. KONSTRUK may deactivate your Account with immediate effect and withhold all outstanding payables to you if:
(a) you breach any obligations under these Terms, the Policies, or applicable laws relating to Intellectual Property Rights;
(b) you sell counterfeit products or products prohibited from use, distribution, or sale under applicable laws;
(c) you breach any applicable laws; and/or you accumulate the maximum number of non-compliance points as set out in the Policies.
5. Merchant General Undertaking. By using the Services and Tools offered by KONSTRUK, you agree, represent, certify and undertake that:
. A. You will comply with all applicable laws and regulations, including all anti-bribery, anti-corruption, and tax laws relating to your activities;
B. You will be responsible for and pay all taxes and other charges arising out of or associated with these Terms or the Buyer Contract;
C. You will obtain all necessary rights, licenses, permits, or approvals for the offer, advertising, and sale of the Products on/or through the Platform.
D. You must abide by these Agreements, the Policies, and any other terms, such as any end-user license agreement.
E. You must supply all information and supporting documentation required by law, including a valid invoice to the Buyer, and ensuring that any information provided under these Terms is accurate, current, complete, and not misleading;
F. You are responsible for any errors in the Listing Price and shall fulfill all Orders for Products at their stated quantity, price, and set
turn-around time frames to Buyers.
G. You will not infringe on anyone else's intellectual property rights;
H. You agree not to upload, exhibit, or disclose any materials that violate the Policies;
I. You cannot use the Platform or the Services in any way that is unlawful, incorrect, misleading, false, fraudulent, defamatory, trade libelous, or otherwise improper.
J. You shall not intentionally put KONSTRUK as well as its respective officers and employees, at risk, or otherwise engage in activities that KONSTRUK deems to be harmful in its operation, reputation, or goodwill.
K. Make sure the Listing Price for any Products supplied to Buyers is at least as good as the price you are offering outside the Platform or other online channels for the same product in similar or smaller quantities.
6. KONSTRUK Termination Right. If any of the following happens, KONSTRUK may unilaterally and immediately terminate these Terms and restrict your usage of the Services:
A. When you breach any provision of the Terms and fail to fix the situation within 14 days of being notified of the infringement;
B. When you are in violation of any relevant laws or the Policies;
C. When you are being declared bankrupt or having any similar action taken against you in any jurisdiction, or in the case of a corporation when there is a decision or resolution issued by a court of competent jurisdiction making an order for the same;
D. When judicial management or administrative order is issued against you, or the appointment of a receiver over, or an encumbrance taking possession of, or the sale of your assets is issued against you.
MERCHANT’s Termination Right. If any of the following occur within fourteen (14) days from your written notice to KONSTRUK, you have the right to immediately terminate these Terms:
(a) KONSTRUK (or its designated providers) delaying payment for more than thirty (30) days without valid reason;
(b) KONSTRUK delaying returns for more than sixty (60) days without valid reason;
(c) the making of a judicial management or administration order in relation to KONSTRUK or the appointment of judicial management or administration
Notice of Termination By providing (14) fourteen days' notice, either Party may unilaterally terminate these Terms even without cause.
Termination Consequences. You will notify KONSTRUK of all completed Buyer’s Contracts that have yet to be fulfilled if these Terms are terminated.
You remain liable for any pending Orders, and KONSTRUK (or its selected providers) will fulfil any
pending Payment obligations, regardless of any termination for whatever reason. KONSTRUK reserves
the right to complete or cancel any pending Services, and you are responsible for any fees associated
with completed Services.