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MARKETPLACE Terms & Conditions

1. Overview

Thank you for your interest in becoming a brand on Nieves Lavi’s online resort marketplace, accessible through its websites (collectively, the “Site”).

These Terms and Conditions apply between you (the "BRAND") and NIEVES LAVI LLC, registered in Delaware, USA ID #36-453977 in connection to the Services provided: To sell and deliver within the United States, as facilitated by NIEVES LAVI.

Throughout these Brand Terms of Service (“Brand Terms”), the terms “NL,” “us,” and/or “we” refer to NIEVES LAVI LLC .The terms “you” and/or “your” refer to you as a user of the Services as a Brand. These Brand Terms, govern your sale of goods as a Brand through the Services. These Brand Terms reference and link to various NIEVES LAVI policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Brand Terms. You hereby acknowledge and agree to the set forth below. Throughout these Brand Terms, the word “include” or “including” means “including, but not limited to”.

2. Account Registration – Brand Account

1. Brand Account. To sell goods through the Services as a Brand, you must be approved by NIEVES LAVI. By accepting these Brand Terms and providing the requested information during the Brand onboarding process you authorize NIEVES LAVI payment processors to settle and disburse funds to you and on your behalf. NIEVES LAVI will use good faith efforts to review your application to become a Brand as soon as possible. You acknowledge that NIEVES LAVI is only able to accept a limited number of Brands at any given time and that we are not obligated to accept you as a Brand. You hereby release NIEVES LAVI from any liability regarding the acceptance process.

3. Onboarding

1. Shop Page. Each Brand has its own dedicated page on the Site featuring its products (including descriptions and other pertinent information) (“Shop Page”). NIEVES LAVI will create and design your Shop Page with the information you provide. You agree that NL may adjust, edit or remove Content you submit in order to comply with NL internal specifications and requirements. NL reserves the right to approve the final look and feel of your Shop Page in its sole discretion. To have NL create your Shop Page, you must provide a line sheet, high-resolution photography (product and lifestyle) all described below. NL may ask for additional information as needed. As soon as your Shop Page is created, NL will inform you by email.

a. Line Sheet. As part of the onboarding process, you are required and agree to submit to NL a line sheet of your entire and complete wholesale product catalog containing the following information: (i) product name; (ii) product SKU and UPC; (iii) product variations; (iv) wholesale price; (v) suggested retail price and (vi) product descriptions.
b. High-Resolution Photographs. You are required and agree to provide high-resolution photographs of your products. Photographs that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate are prohibited. You shall submit all photographs as indicated by NL, and NL will select the best quality and most appropriate photographs for your Shop Page. NL reserves the right to reject content that violates NL’s guidelines or these Brand Terms.
c. High-Resolution Logos. You are required to provide us with high-resolution logos of your brand. If possible, provide logos in different colors to be used.

2. Initial Product Shipment. You are responsible to ship your product to our warehouse within 15 days of the signed contract. All shipping costs, duties, and fees are your responsibility. You agree to provide NL with a complete and accurate packing list and tracking information as soon as this is available.

3. Payment Information. You will need to provide NL with your bank account information at the time of the onboarding in order to receive earned funds.

4. Representations Permissions

1. Representations and Warranties. You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of the Content that you make available through the Services or you have all rights, licenses, consents and releases necessary to grant to NL the rights in such Content as contemplated under these Terms; and (ii) neither the Content submission or transmittal of the Content or the use by NL of the Content (or any portion thereof) on, through or by means of the Services or social media platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain inaccurate, misleading, libelous, misleading or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You are solely responsible for any Content you provide and its accuracy. NL takes no responsibility and assumes no liability, and you hereby release NL from any such liability related to any Content posted or otherwise made available by you, and you agree to indemnify NL per the terms of the Indemnification section herein.

5. Product Listing and Compliance

1. Product Listing. NL requires each Brand to provide their selected wholesale catalog, and provide a description for each product. NL reserves the right to accept or reject any products and has final discretion as to the content of the final Shop Page.

2. Product and Content Compliance. You acknowledge and agree to: (i) To refrain from making available any prohibited product , comply with all applicable laws, rules and regulations, including safety, labeling, testing, warning, import/export and other consumer protection law requirements; (ii) not infringe upon or misappropriate the intellectual property, publicity or other rights of others; (iii) not provide any false, inaccurate or misleading information about your products; and (iv) ensure that you have all necessary rights, licenses, permissions and consents to offer for sale and sell the products through the Services, including that they are allowed to be sold from your jurisdiction. You acknowledge and agree that NL is not responsible for determining whether you meet the above requirements, you hereby release NL from any liability with respect thereto and agree to indemnify NL as set forth in the Indemnification section set forth below. Failure to comply may result in the temporary suspension or permanent termination of your Brand Account, in our sole discretion.

6. Product Pricing

1. Pricing. You acknowledge and agree that the retail prices on your Shop Page on our website will be decided by NIEVES LAVI based on your suggested retail and wholesale price.

2. Promotions. You agree to participate in Sales that require price reductions during promotion. NIEVES LAVI may feature certain Brands, products and Content at the top of their respective category, on NL landing pages, in advertisements, email, social media accounts or in any other channels or media at its discretion. NL may choose to bid on Brand brand names and keywords relating to the Brand’s products in advertising products and may create SEO optimized pages or campaigns for Brand brands. NL shall not be liable for any pricing or availability of a particular product featured in a particular ad or marketing. NL may also offer Brands additional marketing tools and joined advertising at an additional price to be agreed upon and discussed.

7. Commissions, Fees, and Payout Schedule

1. Acceptance of Terms. By accepting these Brand Terms, you acknowledge and agree to the commissions, fees, calculations and payout schedule set forth below. You agree and authorize NL to deduct all commissions and fees due and owing from your payout amount and to settle and transfer funds to your bank account.

2. Percentage. Unless otherwise agreed by NL in writing, NL charges Brands a commission (the “Commission”) of 20% on all orders.

3. Fees. Initial set-up fees, monthly fees, as defined in Exhibit A or as otherwise agreed upon.

4. Payout Calculation. Payout is calculated using the following formula: Payout Amount = (Items Shipped to Customers) – (Returns from Customers) - (Commission + Fees) - (Payout Fee).

a. Items Shipped to Customers. The cumulative sales, net from promotions, of the items shipped over the previous period.
b. Returns from Customers. The cumulative value reimbursed to customers for accepted returns over the previous period.
c. Commission. Item subtotal (shipped-returned) x commission rate.
d. Fees. Initial set-up fees, monthly fees plus, if applicable, add-on fees for marketing services.
e. Payout Fee. Any bank transfer fees that may occur.

5. Payout Schedule. Calculation will be done by the 15th of the month for the previous month’s activity, and transfer of funds will be initiated within 10 business days. Supporting information will be shared by email.

6. Payout Options. Funds will be transferred to your bank account using bank Wire Transfer or PayPal, as per your selection at the time of onboarding.

7. In case, the commissions and fees exceed the net sales over the period, the Brand will initiate the payment to NL the week following the payout calculation within 10 business days.

8. Shipping - Costs, Lead Times, Shipping Providers, Damaged Goods

1. Initial Product Shipment. You are responsible to ship your product to our warehouse within 15 days of the signed contract. All shipping costs, duties, and fees are your responsibility. You agree to provide NL with a complete and accurate packing list and tracking information as soon as this is available.

2. Shipping Costs. NIEVES LAVI is responsible for shipping your product to customers, order placed will ship from our fulfillment center within 3-5 business days via reliable and fast shipping options provided by UPS or FedEx.

3. Damaged Goods. Damaged goods will be reviewed with you on a case by case basis and be returned to you or destroyed.

9. Indemnification

You agree to defend, indemnify, and hold NL, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Brand Terms, the General Terms and/or any law or the rights of a third party, and/or your use of or participation on the Services.

10. Termination

This contract may be terminated by each party with 30-day written notice. You may terminate your relationship with NL with 30-day notice by contacting NL’s team at NIEVES LAVI will take down your Shop Page as soon as practicable, and will close your Brand Account once there has been an accounting of all monies due and owing.

Exhibit A: NL Marketplace Fees & Commission Summary


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