This agreement (the Agreement) is entered into on this the [insert-date] (the Effective Date) between [your-name] (the Artisan) and Local is Lekker ZA (Local).
Should the Artisan have specific questions or concerns about the policies, the Artisan acknowledges and agrees to contact Local’s customer support team for assistance prior to signing the agreement. By signing the Agreement, the Artisan confirms that he/she fully understands and accepts the terms of the Agreement and that the terms are binding on the parties. Further to the aforementioned, the Artisan fully indemnifies Local and its employees, agents or assigns against any damages, loss, or on any basis whatsoever in the event that the Artisan fails to do so.
As agreed to above, the Artisan has read, understood and consents to Local’s policies, which include the rules and guidelines for selling items on the Local platform. These include, but are not limited to:
- The Artisan shall fully fulfil orders in a timely manner. For the avoidance of doubt, this shall mean that the Artisan shall deliver the agreed to orders on or before the agreed to date for the delivery of same.
- All correspondence of any nature exchanged with potential or previous customers shall be strictly professional and shall not be aggressive, unlawful, employ bullying tactics or contain vulgar or obscene language.
- The Artisan shall be personally responsible for their own packaging costs to our designated distribution center located in Gauteng.
- The Artisan shall adhere to the Local prohibited items policy which have been received, understood and accepted by the Artisan as well as all the Laws and regulations applicable in the Republic of South Africa. The sale of items which are considered illegal, dangerous or violate intellectual property rights are strictly prohibited.
- The Artisan warrants that he/she is at least 18 years of age, is legally entitled to enter into the Agreement and has the necessary ability to understand and accept the policies.
- The Artisan shall accurately describe all products and provide high-quality photographs for each listing. Local reserves the right to delete or withdraw and postings should the photographs not be of the desired and agreed to standard, alternatively, should it be made aware that the description of the product(s) are not accurate, false or misleading.
- Artisans shall be required to supply Local with a clear, certified, colour copy of their identity document. In the event that the Artisan is a Business, a clear, certified colour copy of the business owner’s identity document shall be required as well as written confirmation as to the current registration of the business. In the event that the Artisan is not the Business Owner, proof of the Artisan being duly authorised to sell on behalf of the Business will also be required.
- Local will provide a platform for Artisans to sell handcrafted goods and/or locally produced products and/or artwork.
- Local will promote Artisan’s products through its various marketing channels, such as featured products, blogs, newsletters, and social media. Please note that while we are currently developing our advertising packages, we are committed to including all our artisans in our advertising efforts on various platforms in the interim. The parties however agree that Local cannot guarantee that the Artisan’s products will be sold and/or the quantity of sales which will be generated.
- Local will work on Search Engine Optimisation (SEO) – the process of improving the quality and quantity of website traffic to a website or a web page from search engines on behalf of the Artisan. Local cannot however warrant that by doing so, it will result in additional sales being generated or have any effect on the sale of the Artisan’s products.
- Local will process payments and provide a secure payment gateway for customers.
- Local will provide reasonable customer support for all transactions on the platform – Monday- Friday, 8am-5pm.
- Local will ensure that the services of a reputable courier company are arranged for the collection and delivery of all items sold on the platform.
- Local will charge the Artisan a transaction fee for each sale made through the platform.
- The transaction fee will consist of 25% of the total sale price this includes bank fees, and payment transaction fees.
- Sale monies shall be paid to the Artisan’s account upon receipt of the successful delivery of the product. In the event that the contents of the delivery is not of the quality and quantity as agreed between Local and the Artisan, Local reserves the right to return the products to the Artisan, at the Artisan’s cost, and to terminate the order and the Agreement, if applicable.
- A listing fee of R1.00 shall be charged per item listed on the platform only once the product has sold.
- The Artisan retains all intellectual property rights for their handcrafted goods and/or artwork.
- The Artisan grants the Local platform a non-exclusive, worldwide, royalty-free license to use the Artisan’s content for the purpose of promoting the Artisan’s products on the platform.
- The Artisan is responsible for ensuring that all content posted on the platform does not infringe on any third-party intellectual property rights.
Local reserves the right to act against any Artisan who violates the Local policies. Violation of the policies may result in suspension or termination of the Artisan’s user account. In the event of account suspension, any outstanding funds or payments contained in the Artisans account shall be frozen pending investigation. Further, Local reserves the right to take any reasonable and necessary action against the Artisan in the event that any policies are breached by the Artisan, should the Artisan bring Local’s name into disrepute, in the event that any damages are caused to Local directly or indirectly by the Artisan and/or the Artisan’s employees or assigns, should the Artisan negligently or otherwise cause any damage to Local which causes it to suffer reputationally and/or patrimonial and for any other cause whatsoever.
- Either party may terminate the Agreement at any time with 1 months’ prior written notice to the other party. In the event that the Artisan elects to terminate the Agreement after listing but prior to the sale of any products, the Artisan will remain liable for the listing fee as referred to above.
- Upon termination, the Artisan’s listings will immediately be removed from the Local platform.
- The Local platform will pay the artisan any outstanding funds for completed orders, if applicable, minus any transaction fees owed.
Limitation of Liability
- The Local platform is not liable for any damages or losses incurred by the Artisan, including but not limited to lost sales or damaged goods.
- The Artisan is solely responsible for any liability arising from any acts of omissions prior or post the sale of products on the platform such as, but not limited to, misrepresentation of product/s or company, non-functioning product/s, broken product/s delivered to the customer.
Warranties and Guarantees
- Warranties and guarantees are subject to the conditions set out in the Local returns policy which can be found on the Local website. By appending his/her signature below, the Artisan acknowledges and confirms that he/she has read and understands the aforementioned returns policy.
Governing Law and Jurisdiction
- This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Any disputes arising out of or relating to this Agreement shall be referred to the applicable Small Claims Court for resolution, alternatively, shall first be attempted to be resolved amicably between the parties. In the event of a stalemate, the matter shall be referred to the relevant Magistrates’ Court for determination. For the avoidance of doubt, the aforementioned does not mean that either party is not entitled to refer the matter to their respective legal representatives in order to resolve the dispute between them out of court.
- The Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement. Any amendments to this agreement will not be effective unless reduced to writing and signed by the parties. This includes the Artisan’s agreement and acceptance in relation to any other applicable policies referred to above.
- By checking the box below, the Artisan confirms that they have read, understood and accept the policies referred to in this Agreement. The Artisan agrees to the terms and conditions set forth in this Memorandum of Agreement. The Artisan acknowledges that they have had sufficient time to review these policies and seek legal advice if necessary.