PARTNERSHIP AGREEMENT
This Partnership Agreement (the “Agreement”) is entered into on the date of signature by and between:
1. OÜ Dagja Registered Address: Harju maakond, Kose vald, Rõõsa küla, Turba 75015, Estonia
VAT Number: EE102808841
Email: info@dagja.com
Phone: +33 74424883
2. The Vendor (hereinafter referred to as “Vendor”), whose details are provided during registration on the Dagja platform.
Both parties agree to the terms outlined below:
1. Purpose of the Agreement
Dagja operates as a marketplace platform to provide visibility and marketing services for vendors wishing to sell their products. This Agreement outlines the rights, responsibilities, and obligations of both Dagja and the Vendor.
2. Roles and Responsibilities
2.1. Dagja’s Role
Dagja provides a platform for vendors to list and sell products, ensuring visibility and optional marketing assistance for products on the Dagja website. Dagja is not involved in logistics, delivery, or direct interaction between the Vendor and the customer.
2.2. Vendor’s Role
The Vendor is solely responsible for:
- Listing accurate product descriptions, prices, and delivery times on the Dagja platform.
- Managing order confirmations, packaging, shipping, and delivering products to customers within the specified timelines.
- Handling all returns, refunds, and exchanges.
- Resolving disputes or claims raised by customers regarding their products or services.
3. Commission and Payment Terms
3.1. Dagja retains a commission of 15.93% on the total sales amount (excluding applicable taxes) for each transaction made through the platform. Dagja reserves the right to adjust this commission within a range of 7% to 25% based on seasonal or promotional considerations, with prior written notice.
3.2. Payments made by customers are processed automatically through the platform. Vendors are required to confirm orders and ensure timely delivery. Failure to comply may result in penalties as outlined in Section 4.
4. Penalties and Suspension
4.1. Dagja reserves the right to:
- Suspend or terminate a Vendor’s account for repeated delays, non-compliance with delivery timelines, or failure to resolve customer complaints.
- Increase the commission on a Vendor’s sales for frequent non-compliance with delivery deadlines or other terms of this Agreement.
4.2. In cases of negligence where the Vendor fails to handle refunds or returns, Dagja may intervene to issue refunds or process returns directly, deducting the costs from the Vendor’s account.
5. Pricing Policy
The Vendor agrees not to list their products on Dagja at a higher price than on other marketplaces. Dagja reserves the right to investigate and take appropriate actions, including account suspension, for violations of this policy.
6. Non-Disclosure and Intellectual Property
6.1. The Vendor shall not disclose sensitive information regarding Dagja’s operations, commissions, or marketing strategies to third parties.
6.2. The Vendor is prohibited from replicating Dagja’s branding elements, including but not limited to logos, graphics, and font styles, for any purpose without written authorization.
7. Customer Disputes
7.1. Disputes between the Vendor and customers shall be resolved according to the laws of the customer’s country of transaction. Dagja shall not be held liable for any claims or disputes arising between the Vendor and customers.
7.2. In the event that Dagja is implicated in a dispute, all efforts shall be made to resolve the issue through online mediation. If unresolved, the matter will fall under the jurisdiction of Estonian courts.
8. Compliance with Data Protection Laws
The Vendor agrees to comply with the General Data Protection Regulation (GDPR) and any applicable local data protection laws. Dagja ensures compliance with cookie and privacy laws across all operational territories.
9. Limitation of Liability
Dagja acts solely as an intermediary platform. Dagja is not liable for:
- Any delays, damages, or losses caused by the Vendor.
- Customer dissatisfaction or claims related to the Vendor’s products.
- Breach of local laws or regulations by the Vendor.
10. Arbitration and Mediation
10.1. In the event of disputes arising between the Vendor and Dagja, both parties agree to pursue mediation or arbitration before initiating legal proceedings.
10.2. If legal action becomes necessary, the exclusive jurisdiction will be the courts of Estonia.
11. Amendments to the Agreement
This Agreement is subject to changes and updates as the platform evolves. Dagja commits to notifying Vendors in advance of any significant amendments. If legally required, Vendors will be sent an updated Agreement to review and sign as a condition for continuing their use of the platform.
12. Termination
This Agreement shall remain in force unless terminated by Dagja for breach of terms or repeated non-compliance by the Vendor.
13. Entire Agreement
This Agreement constitutes the entire understanding between Dagja and the Vendor and supersedes any prior agreements, discussions, or communications.
By registering, you acknowledge your understanding and acceptance of the terms outlined in this Agreement.