Seller's Terms and Conditions

Introduction

Welcome to the www.emarinehub.com, The Website is an e-commerce platform that allows enterprise users to offer and sell products, and individuals and enterprise entities to buy products.

www.emarinehub.com (The website) is owned and operated by Marine Hub Fishing Equipment registered in United Arab Emirates under license no CN-2614363, with its office located in 433, Al Fahim Building, Mussafa - 4, Abu Dhabi (UAE) (“We”. “Our” and “Us”).  

These Terms and Conditions govern your use of this website, which is provided by our Company. By accessing this website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by our Company at any time at its discretion. Your use of this website after such changes are implemented constitutes your acknowledgment and acceptance of the changes.

We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

 Condition of Use

Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilization of our Website and Website services. We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website. 

1) REGISTRATION AND SELLING PROCESS

 To register with us required below details:

  1. a) Business Registered in UAE with a valid trade license.
  2. b) The physical address of the Seller business.
  3. c) Bank account details where to deposit Seller payments.
  4. d) Valid phone number and Email address.
  5. e) Proof of identity (Emirates ID or Passport copy).

2) Listing:

After approval of account registration, Seller will send Marine Hub product listing data in an Excel sheet or upload on the link, that must include below parameters:

  • Title of product
  • Images & description
  • Cost of product
  • Selling price (For Margin Refer to commission structure)
  • Stock quantity
  • The dimension of product (WxHxD cm)
  • Weight in GMS.
  • Warranty details (if applies)

*Prices always set by Seller through his self-managed dashboard. Marine Hub will not change prices without written approval from the vendor by email if they have to manage.

3) Shipping:

  • Marine Hub notifies the seller when the customer places the order. The seller has to prepare the order and will be informed before collection by respective shipping partner of Marine Hub

 3.1) Seller will keep informed at all times the Marine Hub about the availability of the products in its inventory along with detailed specifications like size, color, texture, etc. as may be required of the product. Order once placed on the Marine Hub website by the customer shall have to be honored by the Seller at all costs.

3.2) Packaging and transportation products safely and in such a manner that minimizes the risk of damage to the product.

3.3) Obtain all necessary documentation, permits, and consents to deliver the product.

4) FEES AND SETTLEMENT

4.1 The fees applicable for using our Services, our fees for Our Services are set out as mentioned below:

Service 1: Back2Back:

In Back2Back service, the seller receives orders and Dispatches from his shop to Marine Hub for processing shipment on each order.

Exclusive Fees: To be discussed and share in the contract with the seller.

Service 2: Marine Hub Express: 

In the Marine Hub Express service, Seller will keep the products in our warehouse. We will process the order the same day and the customer will receive faster.

Exclusive Fees: To be discussed and share in the contract with the seller.

*No storage fee applied if product price below 100 AED price.

* Rate may be updated from time to time that will be informed to the seller by registered email id.

4.2 Seller can verify sales reports through Seller account and the report will include the Agreement successfully collected for Seller products minus applicable fees (“Sale Proceeds”).

4.3 Marine Hub Fishing Equipment will process payment to Seller by cheque or bank deposit in the next 15 days after received goods successfully delivered to the buyer.

Note: Marine Hub shall not be liable for any incorrect bank account details provided by Seller, and the consequences thereof. Kindly provide the correct details.

4.4 To authorize payments to Seller, Marine Hub may be required to create an account for Seller with our third-party payment processors, including accepting their standard terms and conditions and submitting Seller details to them on Seller's behalf. Seller hereby authorizes us to do so and Marine Hub shall not be liable to Seller for any damage or loss Seller may incur as a result.

4.5 Commission structure may vary from signed contract for some vendor, Marine Hub will charge according to a signed contract and the seller can check order details from there dashboard access.

5) MARINE HUB RESPONSIBILITIES:

5.1 Marketing and sales promotions for the Seller’s items on the Website as Marine Hub deems appropriate.

5.2 Warehousing, Order management, fulfillment and shipping services. (e.g. communication with a buyer on his/her purchase, obtaining payment from a buyer and organizing delivery)

5.3 Payment processing for items sold on the Website (Cash or by Payment Gateway).

5.4 Call center committed to matters related to customer service.

5.5 It is agreed between the Parties that Marine Hub does not guarantee to the Seller minimum revenue as a result of this Agreement.

5.6. Provide any other documents and/or assistance as required by Marine Hub from time to time. 

6) SELLER RESPONSIBILITIES

6.1 Shipment of the Goods within a maximum of three days of confirmation unless Seller specifies a different shipping time.

6.2 Properly package items to avoid damages.

6.3 Provide trade license for companies and copy of passport or national ID for individuals for the account registration process.

6.4 Provide the required warrantees and maintenance for the purchased Goods by the buyers in accordance with policies of the Seller. The Seller shall be responsible for all after-sales services and purchased Goods’ guarantees and maintenances, as well as for any defects that may appear in the purchased Goods.

6.5 Provide any other documents and/or assistance as required by Marine Hub from time to time. 

6.6  Marine Hub reserve the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. Marine Hub may, in our sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Seller sale transactions if Marine Hub considers it necessary for legal purposes or to ensure compliance with these Seller Terms.

7) SELLER REPRESENTATIONS AND WARRANTIES

7.1 Seller represents and warrants to Marine Hub (Marine Hub Fishing Equipment) that:

 (a) Seller has full power and authority to enter into these Seller Terms and Seller shall, at all times, fully comply with all applicable laws, statutes and regulations, including, without limitation: (i) anti-bribery, anti-corruption, export control and sanctions laws; (ii) consumer protection laws; (iii) import regulations, including with respect to type approvals; and (iv) customs duties and other applicable taxes;  (iv) Seller agrees to bear all the applicable taxes duties, or other similar payments (including Value Added Tax) arising out of the sales transaction of the Product and Marine Hub shall not be responsible to collect, report, or remit any taxes arising from any transaction.

(b) The seller has all the necessary licenses, permissions, authorizations, proprietary rights, consents and permits in the products Seller list or which are listed on Seller behalf and to sell and promote these products in the UAE, KSA, Bahrain, Oman, and Kuwait;

(c) Seller listed products conform to the required quality and safety standards in the UAE, KSA, Oman, Bahrain, and Kuwait;

(d) The Seller shall upload the Product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale.

(e) The Seller shall provide full, correct, accurate and true description of the Product so as to enable the customers to make an informed decision. Seller will neither sell nor deliver to a customer any refurbished or used items, and the Products will always be new and unused

(f) Seller is solely responsible for any liability arising from the purchase and use of Seller listed products by Site users or other third parties;

(g) Seller own or have the authority to grant the licenses granted to us by Seller under these Seller Terms and any content Seller submit as part of Seller use of the Services and any products that Seller list do not violate the rights of any third party anywhere in the world including, without limitation, any intellectual property rights (whether registered or not); and

(h) The product dimensions displayed by Seller on the Site are correct and accurate. If the dimensions are not correct, Seller will be liable for any additional shipping costs that might be incurred. The Seller shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the Products offered for sale.

(i) 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.

(j)  On receipt of the approved order, the Seller shall dispatch / deliver the Products within a period not exceeding 72 hours or within the time as specified in the Product description online.

7.2 Subject to clause 7(a), the Services are provided to Seller on an “as is” basis without representations, warranties or conditions of any kind. Marine Hub disclaims all warranties, conditions, and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general-purpose, of non-infringement, of compatibility or that the Services are secure or error-free or will operate without interruption or will be provided in a timely or proper manner or at all.

7.3 Furthermore, whilst Marine Hub attempts to be as accurate as possible, Marine Hub does not warrant that product description or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, it is Seller responsibility to review the content of Seller listings for accuracy and that Seller will not attempt to hold Marine Hub catalog/content providers or Marine hub responsible for inaccuracies.

8) RETURNS (RMA)

8.1 Seller undertakes to comply with Marine Hub return and refund policy as referred to on the Site at https://www.emarinehub.com/en_uae/returns-exchanges at its sole cost, that products returned due to cancellation by a customer, or a quality check failure will be returned to Seller within seven (7) working days; and products marked as non-deliverable, and customer-initiated returns will be returned to Seller within twenty-one (21) working days, or within thirty (30) working days for products shipped internationally or as mutually agreed between the parties. Under no circumstances will Seller have the right to reject the returned products, however, Seller may raise a dispute within seven (7) days of receiving the returned products.

8.2 Marine Hub Customer Support team will arrange the return for Seller by arranging a courier pick-up for Seller item and a quick return, at which point full refund is made to Customer.

8.3 In the event of a return, Marine Hub is not entitled to any payment to the Seller.

8.4 On Marine Hub website (www.emarinehub.com) we do not permit refunds, exchange, and returns as an option due to changing your mind about the product purchased on the Site. Refunds, exchange, and returns will only be issued subject to approval for the valid reasons mentioned below:

-        defects in design, materials, and workmanship.

-        unsatisfactory quality or fit for the purposes for which they are intended.

-       Incorrect products delivered compared to ordered products.

9) Additional Conditions for Marine Hub Express service: 

Fulfillment Services

a) Product

You need to register all your Products with the MARINE HUB program. We may refuse registration in MARINE HUB of any product, including on the basis that it is a MARINE HUB Excluded Product or that it violates applicable Program Policies. You may at any time withdraw the registration of any of your Products from MARINE HUB. You should provide accurate and total information about the Product and update it regularly as and when required.

b) Shipping to Marine Hub

You will ship Products to us in accordance with applicable Program Policies. Marine Hub will not be responsible for any costs incurred for shipping the Products which is also inclusive of all customs, duties, taxes, and other charges if the international shipment is received to our warehouse. In the case of any improperly packaged or labeled Product, we may return the Product to you at your expense or re-package or re-label the Product. Special discounted prices as per the policy will be communicated to you for shipping the Products to our Fulfillment Centre.

You also must comply with standard operating procedures, weight and size restrictions, and other shipping requirements of the applicable carriers. if the weight of the Product, as determined by the applicable carrier, differs from that submitted by you to us for purposes of determining the estimated shipping costs, then: (a) you may be charged more than the estimated shipping costs if the carrier determines that such Product weighs more than as submitted by you; or (b) you may be charged the full amount of the estimated shipping costs even if the carrier determines the weight to be less than that submitted by you. Title and risk of loss for any Product shipped using discounted rates provided by us under this Section will remain with you, and our provision of such shipping rates will not create any liability or responsibility for us with respect to any delay, damage, or loss incurred during shipment. You authorize the applicable carrier to provide us with all shipment tracking information.

If you ship Products from outside the applicable Elected Country to our fulfillment center, you will list yourself as the importer/consignee and nominate a customs broker. If Marine Hub is listed on any import documentation, Marine Hub reserves the right to refuse to accept the Products covered by the import documents and any costs assessed against or incurred by Marine Hub will be compensated by you from amounts payable to you, or by other methods at our election.

c) Storage

We will provide storage services once we confirm receipt of delivery. If there is a loss of or damage to any Products while they are being stored, we will compensate to vendor and vendor will, at our request, provide us a valid tax invoice for the compensation paid to vendor.

10) ANTI-COUNTERFEITING

10.1 The listing or sale of counterfeit products on the Marine Hub website is prohibited. Every product sold on the Marine Hub website must be original and authentic. Counterfeit products which are prohibited include fakes, bootlegs or pirated copies of products or content, and products which have been illegally replicated, reproduced or manufactured;

10.2 It is solely Seller responsibility to ensure all of the products that are made available for sale on the Marine Hub website are original and authentic and do not infringe another party’s intellectual property rights;

10.3 Marine Hub reserve the right to verify and determine whether the products sold on the Marine Hub website is original and authentic. In the event Marine Hub, at our sole discretion, determine a product is counterfeit or not 100% genuine:

  • Seller shall be liable to pay a minimum sum of twenty thousand dirhams in compensation to Marine Hub, in addition to any fine or levy imposed by any governmental authority or agency;
  • All payment pending by Marine Hub to Seller will be withheld until such counterfeit issue is resolved; and
  • Marine Hub may impose a financial penalty on Seller, to be determined at our sole discretion, for direct and indirect losses incurred as a result of the counterfeit product being sold on the Site, including for loss of reputation.

10.4 Further, where Seller does not pay the entirety of the compensation and/or penalty imposed, Marine Hub shall impose a time-based conditional ban.

10.5 Notwithstanding the above, Marine Hub reserve the right to take appropriate legal actions against Seller.

11) INTELLECTUAL PROPERTY

Seller hereby grants Marine Hub a non-exclusive, royalty-free, sub-licensable, transferrable, assignable, perpetual and worldwide license to use Seller trademarks and other intellectual property Seller may provide to Marine Hub in order for Marine Hub to provide the Services to Marine Hub end users. Furthermore, Seller shall not use, or permit to be used, Marine Hub’s name, trademarks or logos in any advertisements, promotional literature or information without the prior written consent of Marine Hub.  Where such consent is provided, the use of Marine Hub’s name, trademarks and logos shall be strictly in accordance with the permission and direction provided by Marine Hub.

11.1.      Data Protection

All information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Marine Hub is provided to the Seller as a service to allow it and other users to browse the content for the sole purpose of using, providing, storing and processing the content. The Seller further warrants that it shall not:

11.1.1   modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement;

11.1.2   use the content in violation of any applicable law or regulation;

11.1.3   transmit, distribute, store or destroy material, including without limitation, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Marine Hub or others or violate the privacy, publicity or other personal rights of others;

11.1.4   sell, modify or delete the Cloud Content or reproduce, display, publicly perform, distribute or otherwise use the content in any way for any public or commercial purpose;

11.1.5   access data not intended for you or logging into a server or account which you are not authorised to access;

11.1.6   attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

11.1.7   use the content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;

11.1.8   use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, including without limitation, material that contains viruses, Trojan horses or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or

11.1.9   attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

12) LIABILITY

12.1 The Marine Hub Fishing Equipment on the basis of representation by the Seller is marketing the products of the Seller on the shopping portal www.emarinehub.com to enable Seller to offer its products for sale through the said online shopping portal. This representation is the essence of the Contract. It is expressly agreed by the Seller that the Firm shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through online shopping portal www.emarinehub.com (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Firm harmless and indemnified against all such claims and damages. Further, the Firm shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Seller or any of its representatives.

12.2 The Marine Hub Fishing Equipment under no circumstances will be liable to the Seller for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Seller has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Seller to have been deliberately caused by the Marine Hub.

13) TERM AND TERMINATION

13.1 This Agreement shall continue in full force for the period of twelve (12) months effective from the date of this Agreement. This Agreement shall be automatically renewed for successive additional periods of twelve (12) months unless either Party shall have delivered to the other written notice of its intention not to renew at least 30 (thirty) days prior to the expiration of the current term hereof.

13.2 Either Party may terminate this Agreement immediately if (i) the other Party commits any material breach of this Agreement which has not been remedied or cured within 60 days of receipt of written notice thereof, or (ii) if the other Party ceases to do business in the normal course.

13.3 Marine Hub (Marine Hub Fishing Equipment) shall have the right to terminate this Agreement at any time for convenience by providing the Seller a ten (10) days prior notice to that effect.

13.4 In case of termination and/or expiration of this Agreement, the Seller shall not return or withdraw any item displayed on the Website which been purchased by any buyer through the Website. The Seller shall remain committed to the buyer(s) who were introduced by Marine Hub (Marine Hub Fishing Equipment) in good faith and equally along with the Seller’s other customers and buyers during the period of guarantee and maintenance of the purchased Goods, and that shall be applicable regardless of the relationship with Marine Hub.

14)RELATIONSHIP OF PARTIES

14.1 The Parties acknowledge and agree that they are dealing with each other as independent contractors. Neither this Agreement nor any terms contained in this Agreement may be construed as creating or constituting neither a partnership, joint venture nor any other association relationship.

15) EXCLUSIVITY

15.1 The Parties recognize that it is not the intention of either Party to prevent the other from entering into any type of similar or alternative agreement or relationship with any third party.

16) CONFIDENTIALITY

16.1 Each Party shall use its best efforts to keep in strict confidence and shall bind all its employees to keep in strict confidence all commercial and technical information acquired by it concerning the other Party in consequence of this Agreement (hereinafter called “Confidential Information”). No Party shall save as hereinafter provided, use or disclose any such Confidential Information other than for the purposes of this Agreement or as expressly permitted by this Agreement. This clause shall survive the termination of the Agreement.

17) NO ASSIGNMENT

17.1 Neither Party shall assign or otherwise transfer this Agreement or any of its rights or obligations hereunder whether in whole or in part to any third party without the prior written consent of the other. However,

Marine Hub (Marine Hub Fishing Equipment) may assign its rights and obligations hereunder whether in whole or in part to an affiliate or subsidiary without the prior consent of Seller.

18) INDEMNIFICATION

Seller shall indemnify and hold harmless Marine Hub (Marine Hub Fishing Equipment) from any and all costs, expenses, charges, claims, actions and liabilities by or of any person resulting from the breach by the Seller of any of its responsibilities, representations, and warranties under this Agreement. Further the Seller agrees to indemnify, defend and hold Marine Hub harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by Marine Hub or any third party arising from or in any way related to the Seller’s use of the website (including, by third parties) and the Seller’s breach of these Terms or any other terms referenced herein.

 19) NOTICES

19.1 All notices, demands, requests, approvals, consents or other communications to be given or delivered under these Site Terms (“Notices“) by Seller to Marine Hub must be given to the relevant in writing. Notice will be deemed to have been given when delivered by courier and signed for by a Marine Hub Fishing Equipment employee three days after such signature to the addresses has been given on the Site. Marine Hub may notify Seller in writing via a Seller email account or by delivering a hard copy of such notice by courier to the address Seller have provided to us and which in each case will be deemed to have been given upon being sent or dispatched (as appropriate). If there is any conflict or inconsistency between the provisions of the English language version of these Site Terms and any translated version, the wording of the English language version shall prevail.

20) AMENDMENTS & WAIVER

20.1 Any modification of or amendment to this Agreement shall be valid only if it was agreed in writing signed by the Parties hereto. 

20.2 No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.

21) FORCE MAJEURE

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.

22)GOVERNING LAWS AND JURISDICTION

22.1 This Agreement shall be governed by and construed in accordance with the laws of the Abu Dhabi Commercial Court - UAE. Any dispute in connection with this Agreement shall be submitted to the jurisdiction of the Courts of the Abu Dhabi Commercial Court.