Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchisee relationship between you and Nice-Things.
In order to use our Services and appear on Nice-Things as seller, you’ll need to have an account with Nice-Things. There are a few rules to which you must adhere, though:
i. You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account.
ii. You must provide accurate information to Nice-Things. Using false information or impersonating another person or company through your account is prohibited.
iii. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
iv. Sharing an account with other sellers is strictly prohibited. Each seller has his/her own account. Joint sellers accounts are not allowed. This must be clear from the start.
v. The process of opening your account on Nice-Things as seller.
a. Nice-Things shall open for you a seller’s account to the Nice-Things platform and shall provide login details to you. Although you alone will be responsible for updating yourprofile on Nice-Things and keeping your e-shop up-to-date (including prices, special offers, producer presentation, product images, shipping charges, language translation), we will, nevertheless, have access to your account details and handling at all times.
b. You are obliged to provide complete and correct data for the shop registration process, as these are requested by Nice-Things (e.g. trade license, producer information, producer overview etc.) and keep this up to date. The same applies to all information required by law and the information requirements within the shop.
vi. At Nice-Things we will do our best to make the administration of your e-shop as simple as it gets. To honor this promise, we shall provide you free-of-charge with a one-off 2-hour training seminar on how to use and administer your Nice-Things e-shop. Depending on your location, this can also be in the form of a webinar or Skype consultation. Additionally, we shall provide you with a manual to help you manage the administration of your e-shop.
vii. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your login details secure.
i. Content that you post using our Services is yours (“Your Content”). It includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.) and we shall have no claim on it.
ii. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
iii. You have an obligation to post Your Content in English, Italian, Spanish and Arabic. Google Translate, the freely available tool for translation, should be used for these purposes.
iv. Your Marketing Obligations. In order to enable us better market your e-shop and products, you shall be obliged to translate any social media posts you make relating to your brand and products (incl. on Facebook, Twitter, Instagram, Pinterest, LinkedIn etc.) or other marketing material in English for us to be able to use as well. This information shall be considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish this material for any purpose, without compensation to you and/or to incorporate this information in other works in any media now known or later developed for the full term of any rights that may exist in this information.
v. Image Specifications. The images you upload on your Nice-Things e-shop are recommended to be 96 pixels/inch. To keep your listing images consistent in size, make sure all of your photos have the same dimensions before uploading them.
vi. Grant of Rights. By posting Your Content, you grant Nice-Things a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish, display, edit, modify, adapt, reproduce, make available to the public, distribute, store, prepare derivative works and exercise all copyright and publicity rights of Your Content to provide the Services and to promote Nice-Things, your Nice-Things e-shop, or the Services in general, in any formats and through any channels, including across any third-party website or advertising medium now known or later developed.
vii. Intellectual Property claims relating to Your Content. If content that you own or have rights to has been posted to the Services without your permission and you wish to remedy this, please contact us to discuss possible courses of actions. On the other hand, if Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
viii. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
i. You are not Allowed to Use our Services in Violation of any Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
ii. Your Content on Nice-Tings is in principle available worldwide and therefore the legal requirements and cultural sensitivities of other countries must be respected.
iii. Own Manufactured Items. You, as seller, can sell through your Nice-Things e-shop only items that are designed and manufactured by you, staying loyal to Nice-Things’ concept and motto of promoting Mediterranean artisanship. We are not in the business of promoting industrially mass-produced goods and neither should you through Nice-Things.
iv. Prohibited Items. Selling any of the following items through Nice-Things is strictly prohibited:
v. Nice-Things retains the right to: (a) veto any items or category of items not matching our policies and positioning and (b) remove, at its discretion, sellers' offers which contradict Nice-Thing’s policies and positioning.
vi. Our Trademark. The word “Nice-Things.me”, “Nice-Things,” the phrase "Nice-Things, Affordable Masterpieces" and other Nice-Things graphics, logos, designs, page headers, button icons, scripts, and service names (collectively referred to as “Our Trademark”) are registered trademarks in the U.A.E. and/or other countries. You are not allowed to use Our Trademark in any of the following ways:
o Incorporating Our Trademark or a confusingly similar mark into, for example, the name of your business, organization, non-profit organization, event, or trademark.
o Removing, altering, distorting or modifying Our Trademark, including adding other terms to Our Trademark to create new words.
o Using Our Trademark or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by Nice-Things or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of Nice-Things or an employee of Nice-Things.
o Using Our Trademark in a product unless we’ve given you our written permission to do so.
o Using any trademarks, service marks, trade dress, designs or logos that are confusingly similar to Our Trademark or to the look and feel of the Nice-Things website.
o Using Our Trademark in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
o Using Our Trademark in a manner that is in Nice-Thing’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene or otherwise objectionable to Nice-Things.
vii. Marketing and Linking. You shall not link out from Nice-Things to your own shop or other selling platform. Nice-Things is to be primarily used as a selling marketplace and not as a lead generator/marketing platform for your own site or other services and platforms.
viii. Any unsolicited ideas or other materials you submit to Nice-Things (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
The use of our Services offers many benefits but not all are for free.
i. Opening of your Nice-Things E-Shop. Registering to Nice-Things and opening your Nice-Things e-shop is free of charge.
ii. Commission. Nice-Things will charge and you shall pay to Nice-Things a commission of 30% on the sale price for each product you sell through Nice-Things (the “Commission”). This commission shall be payable only on the product retail sale price; shipping costs shall not be added when calculating the Commission.
iii. Billing. Nice-Things will send you an order confirmation as soon as the buyer makes full payment of their purchase. Full payment shall constitute payment of item’s retail price plus shipping costs (“Full Payment”).
iv. Within 7 days of receipt of Full Payment, Nice-Things shall make a payment to you of the item’s retail price minus the Commission plus shipping costs (“Seller’s Remuneration”) to the bank or PayPal account designated by you in advance. Upon receipt of Seller’s Remuneration, you shall send Nice-Things a receipt acknowledging full payment of the Seller’s Remuneration.
v. In the case of legitimate cancellation by the buyer, Nice-Things will provide you with a full refund of the Commission.
vi. Applicable Taxes.You are solely responsible for collecting and paying any applicable taxes associated with using and making sales through Nice-Thing’s services and you need to include all applicable taxes in your listing prices.
oShipping. You, as seller, shall be solely responsible for arranging for the shipping of the items you sell through Nice-Things. Additionally, you are obliged to check your orders on a daily basis and make all relevant shipping arrangements to ensure that the purchased items reach the buyer as per buyer’s shipping preferences listed in the order. Failure to adhere to these shipping obligations will result in considerable harm to Nice-Thing’s reputation and we shall therefore be entitled to damages paid by you to us.
oCost. You, as seller, shall be solely responsible for bearing the shipping costs related to items you sell through Nice-Things. These costs must be clearly stated and communicated to the buyer before the completion of each sale transaction.
i. Fee Avoidance. Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited. This includes, for example, encouraging buyers to purchase an item found in your Nice-Things e-shop through another sales channel. A transaction initiated on Nice-Things may not be completed off of Nice-Things. Sellers may not alter the item's price after a sale for the purpose of avoiding Nice-Things’ transaction fees, misrepresent the item’s location, or use another user's account without permission. Upon establishing fee avoidance, Nice-Things is entitled to demand the missing remuneration as damages; further claims remain unaffected.
ii. Non-Circumvention on a Limited Number of Future Sales. When a buyer completes a purchase through Nice-Things, you, as seller, shall also pay Nice-Things a commission on the first 5 (five) future purchases by the same buyer even where the buyer purchases directly from you. The commission on future purchases payable to Nice-Things shall be calculated on the following basis: (a) 25% on the first future purchase, (b) 20% on the second future purchase, (c) 15% on the third future purchase, (d) 10% on the fourth future purchase and (e) 5% on the fifth future purchase.
i. These Terms constitute an agreement of an indefinite duration, subject to the terms of this “Termination” section below.
ii. Termination by You. You may terminate your account with Nice-Things at any time, provided that you pay any outstanding bills owed to Nice-Things and that you send a written termination notice via email. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
iii. Termination by Nice-Things. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile application. Nice-Things has the right to refuse service to anyone, at any time, for any reason. In the unfortunate case we decide to terminate your account, we shall be obliged to do so in writing via email.
iv. If either you or Nice-Things terminate your account, you may lose any information associated with your account, including Your Content.
v. Nice-Things has the right to discontinue the Services at any time. Nice-Things reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. No liability whatsoever may arise to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
vi. Survival. The Terms will remain in effect even after your access to the Services is terminated, or your use of the Services ends.
i. You agree to indemnify Nice-Things in case someone sues us because of something that you, as seller, did. That means you’ll defend Nice-Things (including any of its employees) and hold us harmless from any legal claim or demand that arises from your actions, your use (or misuse) of the Services, your breach of the Terms, or your account’s infringement of someone else’s rights. Reasonable legal costs (especially lawyers' fees) which Nice-Things has demonstrably incurred must also be reimbursed.
ii. Nice-Things reserves the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy. This includes providing Nice-Things with all necessary information, documents and other available material that may be necessary for our defense.
10. Disputes with Other Nice-Things Users
i. If you find yourself in a dispute with another user of Nice-Thing’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
ii. Release of Nice-Things. In any case, you release Nice-Things from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Nice-Things
i. Governing Law. The Terms are governed by and construed in accordance with the laws of Dubai and the Federal Law of the United Arab Emirates. These laws will apply no matter where in the world you live, but if you live outside of the U.A.E., you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
ii. Friendly Consultation. Any dispute arising under or relating to these Terms or any transactions contemplated herein shall be resolved if possible by friendly consultation within 30 days of a dispute arising.
iii. Jurisdiction. If no settlement can be reached through friendly consultation, the Courts of Dubai shall have sole jurisdiction, and you, as seller, hereby submit irrevocably to the jurisdiction of such venue.
iv. Modifications. If we make any changes to this “Disputes with Nice-Things” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Nice-Things prior to the date the changes became effective. Nice-Things will notify you of substantive changes to the “Disputes with Nice-Things” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Nice-Things a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to solve any disputes between you and Nice-Things in accordance with the provisions of this “Disputes with Nice-Things” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
Nice-Things has the right to update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The effective language governing these Terms is English. Correspondence between you and Nice-Things will be conducted in English. Any translations of these Terms made available on Nice-Things shall not be binding.
14. Entire Agreement
The Terms, including all, if any, of the policies that make up the Terms, supersede any other agreement between you and Nice-Things regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Nice-Thing’s failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.