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Terms of Service for Sellers

Introduction
These terms of service, as well as the MingMart’s all other policies displayed on our sites, govern your access to and use of MingMart's websites, services, applications, and tools (collectively, "Services"). On our website, mingmart.co.uk, ming-mart.com, mingmart.com.ng, mingmart.ng, you may find a summary of our policies. These terms of service include all of our policies. When you access our Services, you agree to abide by all of the foregoing. 

If you reside in the United Kingdom or otherwise, you are entering into a contract with Ming Mart (UK) Limited, Kemp House, 160 City Road, London, EC1V 2NX, Company number 12657516.

About MingMart
MingMart is an online marketplace where users may offer, sell, and buy Goods in a variety of price ranges and places.

MingMart may or may not own the items advertised or sold on the site, and it is only involved in transactions for purchase of its own goods. (Please check the name of the seller in the description for further information) MingMart is not involved in the actual transaction of other sellers. The selling contract is directly between the buyer and the seller. MingMart isn't a party to the transaction with the third party sellers and isn't an auctioneer in the usual sense.

While we may give price, shipping, listing, and other guidance in our Services, such guidance is only for informative purposes, and you may choose whether or not to follow it. MingMart does not check user listings or content, however it does try to register only genuine sellers for as much as possible. While we may help facilitate the resolution of disputes through various programs, MingMart has no control over and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using MingMart
In connection with using or accessing the Services you will not:
  1. post, list or upload content or items in inappropriate categories or areas on our sites;
  2. breach or circumvent any laws, third-party rights or our systems or policies;
  3. sell any counterfeit items or otherwise infringe the copyright, trademark or any other rights of third parties;
  4. use of our Services, if you are not able to form legally binding contracts (for example if you are under 18, or are temporarily or indefinitely suspended from using our Services;
  5. manipulate the price of any item or interfere with any other user's listings;
  6. post false, inaccurate, misleading, defamatory, or libelous content;
  7. take any action that may jeopardize  the feedback or ratings systems;
  8. transfer your MingMart account (including Feedback) and user ID to another party without our consent;
  9. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  10. use the contact information of other users for any purpose other than in relation to a specific MingMart transaction on the MingMart site (which includes using this information to send marketing materials directly to MingMart users unless the user has given explicit consent to receiving these materials);
  11. distribute viruses or any other technologies that may harm MingMart, or the interests or property of MingMart users;
  12. use any robot, spider, scraper or other automated means to access our Services for any purpose;
  13. bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  14. export or re-export any MingMart application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  15. infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to MingMart. actions that may be infringement including but not limited to are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to MingMart or someone else;
  16. infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  17. commercialise any MingMart application or any information or software associated with such application;
  18. harvest or otherwise collect information about users, such as email addresses, without their consent; or
  19. circumvent any technical measures we use to provide the Services.
If you are registering with MingMart as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on MingMart, you must comply with all applicable laws relating to online trading for the site you are selling on.

You agree that we will commence supplying our Services to you as soon as you accept these terms of service. You can cancel these terms of service under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel these terms of service by visiting the MingMart Website. We may recuperate the cost of any Services provided up to the point of cancellation.

If we believe you are violating the MingMart’s policy, you may be subject to a range of actions, including but not limited to, limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of the seller to buyer, and recovery of expenses for policy monitoring and enforcement; 

We reserve the right to cancel or delete the unverified accounts or accounts that have been inactive for an extended period of time or modify or discontinue our Services.

Furthermore, we retain the right, at our discretion, to change or terminate all or part of our Services and/or not supply all or part of our Services to anybody for any cause and/or amount of time.

Exploitation of MingMart
We may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to prevent you from using our Services if:
  1. we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
  2. we think that such restrictions will improve the security of the MingMart community or reduce our or another MingMart user's exposure to financial liabilities;
  3. we think that you are infringing the rights of third parties;
  4. we think that you are acting inconsistently with the letter or spirit of these terms of service or our policies or abusing our employees or users;
  5. despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
  6. you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.

Fees
If you are the seller of MingMart, you are obliged to pay for the fees incurred by MingMart. MingMart may impose some additional fees for the seller at our discretion.

 If you would like to use our seller services, you are expected to subscribe to one of our seller subscription plans. 

We may change our fees, or introduce new fees from time to time by posting the changes on the MingMart website ahead of time. You may close your account without penalty before such excess amount is levied.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all MingMart Services.

You are required to have a valid payment method on file when selling on MingMart. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel. Such amount will also be charged to the defaulters account.

You authorize MingMart to automatically charge your chosen payment method in accordance with these terms of service and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for MingMart fees, MingMart Money Back Guarantee reimbursements and postage labels. MingMart will notify you of these charges. If payments or amounts owed to MingMart cannot be completed through the payment method on file for any reason, you are still required to pay MingMart for all unpaid amounts and MingMart reserves the right to seek reimbursement through other means plus any additional costs incurred by MingMart in seeking reimbursement. You can change your payment method on MingMart website at any time by logging in to your account.

Seller fees don't purchase exclusive rights to item exposure on MingMart whether on any web page or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

Listing Conditions
When listing an item, you agree to comply with the rules and policies of MingMart and that:
  1. you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the  local legal regulations of the country the site belongs to  and all other relevant policies;
  2. your listing may not be immediately searchable by keyword or category for a few hours.. MingMart does not guarantee exact listing durations;
  3. unless otherwise specified by law, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest) related to your sales on the MingMart site, where applicable, and you agree to access  the Services in accordance with the local tax laws. To the extent possible under English law or any relevant taxation rules that apply in your country of business, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
  4. content that violates any of MingMart's policies may be modified, or deleted at MingMart's discretion;
  5. in accordance with the MingMart’s Policy, we may revise product data associated with listings to supplement, remove, or correct information;
  6. we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    1. buyers' location, search query, browsing site and history;
    2. item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    3. seller's history, including listing practices, Detailed Seller Ratings, MingMart policy compliance, Feedback, etc.; and
    4. number of listings matching the buyer's query
  7. to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
  8. some advanced listing upgrades may only be visible on certain MingMart Services;
  9. meta-tags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results;
  10. we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
  11. MingMart advertises the Services and provides other MingMart companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third party advertising placements;
  12. MingMart may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services and will mention the same in product listing. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with these terms of service and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by MingMart or by any MingMart partners.
Buyer requested cancellations
Buyers can request to cancel an order on MingMart within one hour of their purchase and the seller will have 3 days to accept or decline the request. If the seller declines the cancellation request, or already posted the order, buyers will need to wait until they receive the item and then decide if they want to start a return. Sellers can also cancel orders in certain circumstances up to 30 days after the sale.

Buyer requested returns
Buyers can submit a request to return the items purchased on MingMart. For returns, the seller has the right to accept or decline the request in accordance with their return policy as stated in the original listing.

International buying, selling and translation
Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local product hunting and sourcing services, seller training program, etc. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

Your items may be listed on one or more of MingMart's international sites in addition to mingmart.co.uk. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage you authorise MingMart, in its discretion, to display your listings on MingMart sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites. 

When you sell your items internationally or purchase an item on a MingMart site that is different from your registration site, you are subject to the terms of service and applicable policies of that other MingMart site with respect to that particular purchase.

For sellers, you agree that we may display your listing for sale on a MingMart site other than the site where you listed your item for sale. You may adjust these listings on the MingMart website. If you list your items with an international shipping method, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on a MingMart site that is different from your registration site, you are subject to the terms of service and applicable policies, including any buyer protection programs, of that other MingMart site with respect to that particular sale. You authorize us to use automated tools to translate your MingMart content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

Content
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other MingMart users as part of the browsing experience on MingMart. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including MingMart users). You may use that content solely in your MingMart listings during the time your listings are on MingMart's sites. That permission is subject to modification or revocation at any time at MingMart's sole discretion.

We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that MingMart is not responsible for examining or warranting the listings or content provided by third parties through the Services and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remain accurate and that you continue to fully comply with these terms of service and all MingMart policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

The name "MingMart" and other MingMart marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of MingMart in the UK and other countries. They may not be used unless expressly authorized by MingMart in writing.

Data protection and Privacy
  1. You and MingMart shall process personal data received under and/or in connection with these terms of service each as a separate and independent controller. In no event will MingMart and you process personal data under and/or in connection with these terms of service as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
  2. You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplement EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization.
  3. You shall process personal data received from MingMart exclusively for the purpose(s) you received the personal data under and/or in connection with these terms of service. You shall erase the personal data received under these terms of service immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
  4. Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
  5. As part of the Services, MingMart has access to various information about users, including personal data. This includes information that users submit to MingMart as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
  6. Via MingMart Website and, upon request, you receive information that is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as a number of impressions of a listing, conversion rate or return rate).
  7. MingMart only shares information about users with third parties if this is necessary for the provision of the Services or if MingMart is legally or contractually entitled to do so.
  8. Upon expiry of these terms of service, we will delete the information you provided, or which was generated through your use of the Services from your MingMart account. Regardless, we maintain this information after the expiry of the terms of service if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the terms of service.
  9. For information regarding the processing of personal data by MingMart, including sharing such data with third parties and your rights as a data subject.
Additional Terms
Terms of Returns for the Seller
Return and refund rules can be created by sellers under certain conditions. MingMart may also set default rules that automate the return process for some or all listings that accept returns. In MingMart seller dashboard, sellers may remove or customize their returns preferences. You agree to abide by MingMart's returns policy.

Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the MingMart Money Back Guarantee refund or reimbursement.

Liability
We make every effort to keep MingMart and its Services safe, secure, and operational, but we cannot promise that our Services will be operational or accessible continuously. MingMart's Services may not provide updates and/or other notifications in real time. Such functionality is subject to delays that are beyond the control of MingMart.

We (including our parent, subsidiaries, affiliates, directors, agents, and employees) shall not be liable to you in contract, tort (including negligence), or otherwise for any business losses, including loss of data, profits, revenue, business, opportunity, goodwill, reputation, or business interruption, or for any losses not reasonably foreseeable by us arising, directly or indirectly, from:
  1. Your use of our Services or inability thereof; 
  2. MingMart's pricing, postage, or other guidance; 
  3. delays or disruptions in our Services;
  4. viruses or other malicious software obtained by accessing, or linking to, our Services;
  5. Any form of glitches, bugs, errors, or inaccuracies in our Services
  6. Damage to your hardware device resulting from the use of any MingMart Service;
  7. the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  8. a restriction or other action taken on your account as a result of a violation of the Abusing MingMart section;
  9. the length or format of your listings in search results, as specified in the product listing section; or
  10. As a result of changes to these terms of service or our rules, you may need to adapt your practices, content, or behaviour, or you may lose or be unable to conduct business.
Because disclaimers of warranties and exclusions of damages are prohibited in some areas, such disclaimers and exclusions may not apply to you. This is particularly true if you are a customer.
You acknowledge that you are solely responsible for the legality of your acts under applicable laws, as well as the legality of any things you list on any of our sites.

Although we employ procedures to ensure that the information given by our users is accurate and true, user verification on the internet is tough. MingMart cannot and does not validate the correctness or honesty of users' stated identities, or the validity of the information they supply to us or publish on our sites, and is not responsible for doing so.

If we are found liable, our liability to you or any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £130.

Nothing in these terms of service limits or excludes our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or the fault of our agents or employees, or any other liability that cannot be restricted or eliminated by law.

Compensation
You shall fully reimburse us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) for any damages or costs we incur as a result of your breach of these terms of service, your inappropriate use of MingMart's Services, or your violation of any law or third-party rights.

Legal Disputes
If a disagreement occurs between you and MingMart, we highly advise you to contact Customer Support first to try to resolve the issue. Every user can contact MingMart Customer Service for free to report complaints or other concerns. As an alternative to litigation, we will consider reasonable requests to resolve the disagreement through alternative dispute resolution methods such as mediation or arbitration. Any claim, controversy, or other issue arising out of or in connection with these terms of service will be governed by and interpreted in accordance with the laws of England and Wales in all respects. You and MingMart both agree to submit to the non-exclusive jurisdiction of the English courts.

In simple terms, "non-exclusive jurisdiction of the English courts" means that if you could bring a claim in court against us arising from or in connection with these terms of service, an acceptable court would be one in England, but you could also choose to bring a claim in a court in another country instead. In those circumstances, English law will apply.

General Provisions
If any provision of these terms of service is found to be illegal, void, or unenforceable for any reason, that provision will be struck out, and the legality and enforceability of the other sections will not be affected.

You accept that we may, without notice, set-off any monies stored in your MingMart user accounts held or managed by you with any fees, charges, or other amounts you owe us, as well as any such amounts you owe other members of the MingMart group, at any time (including, without limitation, in respect of any services provided by any member of the MingMart group). Our right to set-off implies that we can deduct the fees, charges, and other sums indicated in this paragraph from a MingMart credit balance you own or control.

We may assign our rights and duties under these terms of service in line with the provisions below (but without your prior explicit approval), provided that we assign the terms of service on the same or similar terms to you.

Headings are for reference only and have no bearing on the scope or breadth of a section. Our failure to respond to a breach by you or others does not renounce our right to respond to similar or subsequent breaches. We cannot promise that we will take action in response to every violation of our terms of service.
In case of any disputes with one or more users, you release us (and our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and type, known and unknown, arising out of or in any way associated with such disputes.

We reserve the right to change these terms of service at any time by sending an email or updating the Messages section of MingMart, or by posting the amended terms on the website. 

All modified conditions will become effective 30 days after they are first published. Your acceptance of these updated terms shall be presumed on your continuing usage of our Services following the effective date of the amended terms.

These terms of service may only be changed otherwise by mutual agreement between you and a MingMart representative who is authorized to do so.
The policies on our websites are subject to change at any moment and shall become effective when we upload changes on the MingMart website.

This agreement does not intend or create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. Under the Contracts (Rights of Third Parties) Act 1999, a person who is not a party to these terms of service has no right to enforce any term of these terms of service, but this does not affect any right or remedy of a third party specified in these terms of service or that exists or is available apart from that Act.

The Verified Rights Owner (VeRO) programme at MingMart ensures that listed products do not violate third-party copyright, trademark, or other intellectual property rights. If you suspect your intellectual property rights have been violated, please contact our VeRO team via the Verified Rights Owner (VeRO) Program, and we will look into it. 

Other earlier understandings and agreements between you and MingMart are superseded by the terms of service and all rules stated on our site.

Legal notices shall be served by registered mail to Ming Mart (UK) Limited, Kemp House, 160 City Road, London, EC1V 2NX, UK. We shall send notices to you by email to the email address you provide to MingMart during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.


Last Updated: 21-12-2021