GIGIMI MARKETPLACE SELLER AGREEMENT

1. Parties

This Marketplace Seller Agreement (“Agreement”) is entered into between:

Gigimi LLC, a single-member limited liability company organized under the laws of the State of New Mexico, USA (“Platform”, “Gigimi”, “Company”),
and
the individual or legal entity applying to sell products through the Gigimi website ( “Seller”).

By registering as a seller and/or listing products on https://gigimi.com, the Seller agrees to be bound by this Agreement.

2. Marketplace Role

Gigimi LLC sells its own products and products it supplies on its website, https://gigimi.com, and also serves/operates as a marketplace platform for sellers.

Gigimi:

  • is not the owner of the products of sellers,
  • does not act as a buyer or seller except for its own products or products it supplies,
  • does not guarantee sales, profit or demand. 

All sales contracts are formed directly between Seller and Customer.

3. Seller Eligibility and Obligations

3.1 The Seller confirms that they are legally permitted to sell the product in their country of residence, including all other countries.

3.2 The Seller is solely responsible for:

  • product accuracy and descriptions,
  • pricing and stock availability,
  • fulfillment, shipping, and delivery,
  • compliance with consumer protection laws,
  • issuing invoices and fulfilling tax obligations.

3.3 The Seller represents that all products are lawful, authentic, and do not infringe third-party rights.

3.4  The Seller guarantees that the products offered and sold comply with the laws of their country and the laws of the United States, and do not include counterfeit or prohibited products/items.

3.5  Packaging, shipping, and the preparation of customs documentation are solely the responsibility of the Seller.

3.6  The seller is solely responsible for all tax obligations in their own country.

4. Taxes and Legal Compliance

4.1 Sellers located outside the United States acknowledge that Gigimi does not provide tax, accounting, or legal services.

4.2 The Seller is solely responsible for:

  • VAT, income tax, withholding tax, customs duties,
  • compliance with local and international tax regulations.

Gigimi bears no responsibility for Seller tax compliance.

5. Payments Terms and Deductions

5.1 Payments may be collected through third-party payment service providers integrated into the Platform.

5.2 Gigimi acts solely as a technical intermediary for payment processing and does not provide escrow or fiduciary services unless expressly stated otherwise.

5.3 Service fees and commissions to be collected from sellers can be collected manually and/or automatically before payout. The collection rates for service fees and commissions may be the same for all vendors, or they may vary from seller to seller.

5.4 Calculation of Payouts: The Seller agrees that (a) Gigimi commission fees, (b) payment processor (Stripe/PayPal and the others) transaction fees, and (c) any applicable money transfer (SWIFT/Wise) costs will be deducted from the gross sale amount.

5.5 Payment Schedule: Seller payouts will be credited to the “Seller Balance” after a holding period of 15 business days following the delivery confirmation. This period is maintained to cover potential returns and chargeback claims.

5.6 Currency and Transfer: Transactions are processed in USD. Payouts to the Seller will be executed based on current exchange rates on the date of transfer. The Platform shall not be held liable for any losses arising from exchange rate fluctuations.

5.7 Right of Set-off: The Platform reserves the right to deduct any amounts owed by the Seller due to returns, cancellations, or disputed transactions from the Seller’s current or future payouts.

6. Platform Sales by Gigimi

Gigimi may sell its own products on the Platform via WooCommerce without participating as a marketplace seller.
Such sales do not affect the rights or obligations of third-party Vendors/Sellers.

7. Content and Intellectual Property

7.1 The Seller grants Gigimi a non-exclusive, worldwide license to use product images, descriptions, and trademarks solely for marketplace operations and marketing.

7.2 The Seller warrants that they own or have lawful rights to all uploaded content.

8. Data Privacy and Protection

The Seller acknowledges and agrees that any personal data (name, address, phone number, etc.) of customers provided for fulfillment purposes shall be used solely for the completion of the respective order. The Seller shall not share, copy, or use this data for their own marketing activities (e-newsletters, advertising, etc.) without the prior written consent of Gigimi. All legal liability arising from data breaches shall rest exclusively with the Seller.

9. Service Standards and Shipping

The Seller is obligated to dispatch orders within the timeframe specified by Gigimi or as committed on the product page. It is the Seller’s responsibility to adhere to proper packaging standards to ensure products arrive safely and undamaged. In cases of damaged product reports resulting from packaging errors, all return and replacement costs shall be borne by the Seller.

10. Suspension and Termination

10.1 Gigimi reserves the right, at its sole discretion, to:

  • suspend or terminate Seller accounts,
  • remove or restrict listings,
  • withhold payouts in case of suspected fraud or legal violations.

10.2 Termination does not relieve the Seller of obligations arising prior to termination.

11. Limitation of Liability

To the maximum extent permitted by law, Gigimi shall not be liable for:

  • lost profits or business opportunities,
  • customer disputes,
  • indirect or consequential damages.

Gigimi’s total liability shall not exceed the fees collected from the Seller in the preceding three (3) months.

12. Pricing Errors

In the event that a product price is entered incorrectly or at an erroneously low rate (e.g., significantly below market value) due to a technical error or Seller oversight, Gigimi and the Seller reserve the right to cancel the order and issue a full refund.

13. Seller–Customer Disputes

  • Any dispute arising from a sale (including product quality, delivery, refunds, or warranties) shall be resolved directly between the Seller and the customer.
  • Gigimi is not a party to the sales contract and does not mediate disputes unless required by law.
  • Sellers agree to respond to customer complaints in good faith and within a reasonable time.
  • Gigimi may request information or documentation to ensure platform integrity but is under no obligation to decide disputes.

14. Notices and Communication

The email address provided by the Seller during registration shall be considered the valid address for all notifications and legal notices between the parties. The Seller is responsible for updating any changes to their contact information within 7 (seven) days.

15. Refunds, Returns and Chargebacks

  • All refund, return, and cancellation obligations belong solely to the Seller.
  • In the event of a chargeback or payment dispute, the Seller bears full responsibility, including any fees or penalties imposed by payment providers.
  • Gigimi may temporarily suspend payouts or listings during investigation of chargebacks or suspected abuse.
  • Repeated chargebacks may result in account suspension or termination.

16. Seller Tax Status

  • Sellers must accurately declare their tax status during registration.
  • Individual sellers may sell only under applicable tax exemption regimes.
  • Gigimi reserves the right to suspend or terminate accounts in case of misrepresentation.

17. Cross-Border Tax and Legal Disclaimer

  • Sellers acknowledge that Gigimi is a US-based company operating a global marketplace.
  • Selling on Gigimi does not create a partnership, agency, or permanent establishment in the United States.
  • Sellers are solely responsible for fulfilling their tax obligations in their own countries and other applicable jurisdictions.
  • Gigimi shall not be liable for any tax assessments, penalties, or regulatory actions against the Seller.

18. Intellectual Property Infringement

In case of copyright or trademark infringement complaints from third parties, Gigimi reserves the right to delist the relevant product without prior notice and to withhold Seller payouts until the investigation is concluded.

Gigimi complies with the Digital Millennium Copyright Act (DMCA)

19. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to conflict-of-law principles.

Exclusive jurisdiction shall lie with the state and federal courts located in New Mexico.

20. Amendments

Gigimi may update this Agreement from time to time. Continued use of the Platform constitutes acceptance of the revised terms.

21. Language of the Agreement

This Agreement is executed in the English language. Any translations provided are for convenience only. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail and be the binding version for all legal purposes.

 

Contact: info@gigimi.com