Electronic Contract with Merchant

WELCOME TO MJNNA!

Below Terms and Conditions state how you use our services for selling your products via Mjnna. To use this site, or any of its services, to sell your products, these terms and conditions commence since you sign the electronic contract with us, and they last unless, or until, being terminated by either of you or us. By signing the contract, you acknowledge and agree on all below terms and conditions, policies, and guidelines, etc.

· According to these terms, we offer web and mobile sites for you to offer products (as selected by you, and agreed with us) to customers. Mjnna does not take title or ownership of the products or the inventory of products at any point in time by virtue of the provision of our services according to these site terms. Title to the products shall remain with the seller until successful and completed delivery to its customer, or upon return to the seller.

· You and all Mjnna contracted parties are independent contractors. None of the terms below has any implication that might raise any kind of partnership or joint venture or representation or privilege or that might imply having sales representative or any business relationship between us. You will not have any authority to make or accept any offers or acknowledgments on our behalf.

CREATE AN ACCOUNT:

· You should not register under an alias name and/or assume another seller’s registration information or password. Such fraud attempt might result in breach of international laws.

· You agree on providing us with all information as long as your account is active. Upon registering your seller account, you are required to provide all original and valid documents that we request, as specified in the site or in your seller account.

· If you choose, or you are provided with, a user name, password or any other piece of information, you must treat such information as confidential. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account).

· If your password is compromised, you must immediately change your password.

SALE PROCEDURES:

· Revenues of sales will be transferred to seller bank account maximum within the first 5 (five) working days of every month of the Gregorian Calendar.

· You may use this website for legal purposes and in a lawful manner only.

· You must abide by all applicable laws in the kingdom of Saudi Arabia.

· You should provide Mjnna (on request) with an updated copy of your trade license (if you are a corporate person) or a copy of your passport or national ID (if you are a natural person).

· You must ensure that your products correspond to the images uploaded to the site and information supplied to us. It is your duty not to place any misleading advertisement or information about your products or a brand on the site. If you are found to be in breach of these site terms, you must accept return of products and you may become liable to us under these site terms.

· We reserve the right to reject products that fall under our prohibited item list, as amended from time to time.

· Products offered for sale on the site must comply with all laws and regulations and with Mjnna’s policies and protocols as may be specified on the site and updated from time to time.

· Selling illegal, unsafe, or other restricted products is strictly prohibited.

· You must ensure that your products will not cause any personal injury or property damage.

· You should provide the required warranties and maintenance for the purchased products in accordance with market practices, Mjnna’s guidelines and protocols, and applicable law(s). (1) Remain responsible for after-sales services, guarantees, warranties, maintenance, and any defects that may arise for or in respect of your products. (2) Source, offer, sell and fulfil your products, in each case in accordance with the terms of the applicable order and shipping information (with respect to any of your products ordered through the site), these site terms, and all terms provided by you (with our agreement) or us and displayed on the site at the time of the order and be solely responsible for and bear all risk for those activities.

· Deliver your products using one of our authorized third party courier companies (which shall be notified to you using the details provided through your seller account).

· Package your products in a reasonable commercial way that comply with all stated packaging and labeling requirements.

· Set an appointment with the courier company to ship each of your products on or before either: (1) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for your product; or (2) if you do not specify shipping availability information in such inventory/product data feed or that your product is in a product category that Mjnna designates as requiring shipment within, specific business days after the date on which the relevant order is placed by the customer and you acknowledge and agree that we reserve the right to charge for any loss suffered or incurred by us for: (1) your delays in delivery against agreed timelines; or (2) cancellation of a confirmed order placed by a customer.

· Retrieve the order information and shipping information with respect to any of your products ordered through the site in order to comply with your obligations according to these site terms.

· Provide Mjnna with information regarding fulfilment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, of which we may make any of this information publicly available.

· Comply with all instructions, if any, specified by the manufacturer, distributor, and/or licensor of a product specifying the date before which specified information for such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.

· Be the seller of each of your products and not act on behalf of any other person (in any capacity).

· Include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of your products.

· Except as expressly permitted by these site terms, you may not contact customers (whether by telephone, email or other communication method) confirming orders or fulfilment of your products or for any other reason.

· The site terms are applicable to all activities or transactions made on or via the site. If Mjnna is notified by a seller or a third party brand owner, or via a court, administrative or government order that products or any part thereof violates the intellectual property rights (which means without limitation):

A. Copyrights, patents, database rights and rights in trademarks, designs, know-how domain name, and confidential information (whether registered or unregistered),

B. Applications for registration, and the right to apply for registration, for any of these rights,

C. All other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world, and any other rights of any third party or any applicable laws in the kingdom,

We may remove such products from the site at our sole discretion or request removal of such products by the seller within a reasonable timeframe notified in writing or through the seller account. Seller acknowledges that Mjnna may from time to time introduce and implement new business rules, and customer care guidelines. Additionally, we are under no obligation to provide any information, material or document back to you, either before or after termination of these site terms or cancelation of a seller account.

PAYMENTS AND FEES:

You can check the fees for our services on our services page on the website or as described in seller account, and its occasional related updates.

Notwithstanding any other provision of these site terms and without prejudice to Mjnna’s other rights and remedies, seller indemnifies Mjnna for all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered (a) if the seller’s product is found counterfeit or refurbished or not to be original; or (b) any other type of fraudulent conduct is identified on the part of seller, (c) does not match the product specifications posted on the site.

SELLER WARRANTIES AND REPRESENTATIONS:

Seller acknowledges and warrants that:

A. If you are a business corporation, you are duly organized, validly existing and in good standing, and that you are registering for our services provided under these site terms.

B. Seller has all requisite right power, and authority to enter into these site terms, perform obligations, and grant the rights, licenses, and authorizations in these site terms.

C. Seller has the power and licenses, permissions, authorizations, proprietary rights, consents and permits for the products and to sell and promote products in the territory in which they are sold via the site.

D. Seller’s products conform to applicable quality and safety standards.

E. Seller shall be solely responsible for any products placed or distributed through the site and breach of any third party contracts.

F. Placement and sale of seller’s products through the site will not be in breach of any applicable laws.

G. All products including the materials supplied to Mjnna are original and free from any defects.

H. Seller will not engage in any unfair trade practices, and/or publish any inaccurate or misleading advertisement or information about products on or via the site.

I. Seller will neither sell nor deliver to a customer any refurbished or used items, and the products will always be new and unused.

J. The seller shall be obliged to avoid following prohibitions when placing products on the site:

1. Displaying religiously illicit products.

2. Displaying counterfeit goods for brands registered globally or locally.

3. Displaying stolen, unidentified, or unlicensed products.

4. Inserting information or products that infringe the intellectual property rights of a third party and other properties or the right of confidentiality.

5. Posting comments, questions or answers that may be offensive by nature, including but not limited to, posting racist or sectarian comments, assaulting another user, insulting other cultures or making any other similar comments.

6. Disclosing information that (in our assessment) carries a critical political opinion or contains content that is detrimental to the public interest.

7. Disclosing any information, contents or inclusion of goods that (in our assessment) are transgressive to local culture, religion or traditions and norms.

8. Disclosing obscene or indecent expressions, including but not limited to pornographic information and any information we deem inappropriate.

9. Publishing information, contents or displaying products that might (in our assessment) threaten the national security.

10. Publishing information, contents or displaying products that might (in our assessment) include or encourage gambling.

11. Disclosing what may be (in our assessment) false, fraudulent, incorrect, misleading, defamatory, slanderous, intimidating, or disturbing information.

12. Publishing information, contents or displaying products that (in our opinion) do not comply with the laws, provisions and principles of Islamic Sharia.

RETURNED ITEMS:

The return policy shall apply as long as the products are in the original packaging and are returned to the seller in the original condition in which they were purchased and received. In accordance with the policy, our customer support team will arrange returning the products to the seller by arranging a courier pick-up, or the seller might go to the shipping company, at which point, a full refund will be made by seller to the relevant customer.

If the client requests to return the shipment, Mjnna will bear all costs to return it to you free of charge, except in the event of breaching one or more of delivery conditions or non-conformity by the merchant

Subject to the provisions of this clause, seller must always accept return of a product. In the event of a return which is not based on any alleged breach of seller’s obligations, Mjnna will not levy any penalty (unless expressly stated otherwise in these terms). We shall return the products to your designated shipping address. If (to the extent that we are arranging the return) (a) the designated shipping address we have for you is out-dated or incorrect, (b) we cannot make arrangements for you to pay for the return shipment, then the product(s) will be deemed abandoned and we, to the extent permitted by applicable laws, may elect to dispose of them. You will reimburse us for all costs and expenses we incur in connection with the storage, and return or disposal of any products. We, if we so elect, may dispose of any products (and you will be deemed to have consented to our action) immediately if we determine in our sole discretion that such products create a safety, health, or liability risk to Mjnna, our personnel, or any third party. To the extent that we elect to dispose of any such products, title to each such disposed product(s) will transfer to us at no cost, as necessary for us to dispose of the product(s), and we will retain all proceeds, if any, received from the disposal.

Except for any of your products fulfilled according to other service terms, you will promptly accept and process cancellations, returns, refunds, and adjustments in accordance with the return and refund policies published on the site and applicable to products and our services offered via the site, using functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with any sale of your product(s) through the relevant Mjnna contracting party via the site. We will make any payments to customers in the manner we determine, and you will reimburse us for any amounts we pay (or we may deduct such amounts through your seller account).

DELIVERY ERRORS AND NON-CONFORMITIES:

· You are solely responsible for any non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfilment of your products, except to the extent caused by: (a) credit card fraud (and where we are responsible for such fraud); or (b) our failure to make available to you (with respect to any of your products ordered through the site), the order information and shipping information as it was received by us or resulting from address verification.

· You are responsible for any nonconformity or defect in, or any public or private recall of, any of your products or other products provided in connection with your products. You will notify us promptly as soon as you have knowledge of any public or private recalls of your products or other products provided in connection with your products.

CONFIDENTIALITY:

During the course of your use of our services, you may receive confidential information relating to us or to our services, (including Mjnna transaction information). You agree that:

· All confidential information will remain Mjnna’s exclusive property.

· You will use confidential information only as is reasonably necessary for your participation in our services, and you will not otherwise disclose confidential information to any other person or third party.

· You will take all reasonable measures to protect the confidential information against any use or disclosure that is not expressly permitted in these site terms. You may not issue any press release or make any public statement related to our services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

Mjnna may suspend performance of our services or access to a seller account without liability where we have identified an actual or potential personal, financial or legal risk to the customer (which may include the following circumstances:

· If seller breaches these site terms or any of our policies.

· If seller fails to reasonably cooperate with an investigation by Mjnna.

· Where Mjnna reasonably believes that its continued provision of any of our services would expose seller or Mjnna or their respective affiliates or customers to a material security risk or a regulatory action.

· If seller’s performance does not meet Mjnna’s reasonable projections.

Mjnna reserves the right to report any activity it suspects that it violates any applicable law to the appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Mjnna and its customers, or to ensure the integrity and operation of Mjnna’ business and systems, Mjnna may access and disclose any information it considers necessary or appropriate, including but not limited to seller account details, contact details, IP address and traffic information, usage history, and posted content. Both Mjnna and seller each shall protect customer data as per their respective policies and the applicable laws of the elected country.

Neither party may assign its rights or obligations set out in these site terms without the prior written consent of the other party, except that Mjnna may assign these site terms to an affiliate or in connection with any merger, reorganization, sale of all or substantially all of its assets or any similar transaction. Subject to this limitation, these site terms will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns.

You will be notified of any change or update that might occur on the terms

Please contact vendors@mjnna.com 012 6600882 if you have any questions on these site terms.