Welcome to BaakMart!

BaakMart is owned and operated by BaakMart LLC. These Terms of Service constitute a legally binding agreement between you, individually or on behalf of an entity (“you,” “client,” “user,”, “Seller,” “Displayer”, and “Agency”), and BaakMart (“BaakMart” or “we” or “us” or “our”) regarding your access to and use of the https://www.baakmart.com and https://www.baakmart.business websites and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively the “Site” or “Website”). You accept that you have read, understood, and agree to be bound by these Terms of Service by accessing this website. If you do not accept these Terms of Service, you are prohibited from using the Site and must discontinue use immediately.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM BAAKMART LLC.

1. OWNERSHIP

BaakMart is a registered trademark, owned by BaakMart LLC, a registered commercial company in the United States. BaakMart LLC maintains all intellectual property rights associated with its business model, services, and the BaakMart brand.

2. ACCEPTANCE OF TERMS

This Agreement sets forth legally binding terms for your use of BaakMart. You agree to be bound by this Agreement in using the BaakMart website and services. If you do not agree to the terms of this Agreement, you must not use the website and services. We may modify this Agreement from time to time, and such modification shall be effective upon posting on the website. We will be sending out an email to all our clients containing updates to our policies. You agree to be bound by any modifications to these terms and conditions by using the website and the services offered after such modification is posted onto the website; therefore, you must review this Agreement regularly.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your organization to these terms. Accordingly, all references in these terms to “you”, “Seller”, “Displayer”, or “Agency” shall be deemed to include your organization. If you do not have such authority, you may not use the services on your organization’s behalf and must discontinue all use of the services immediately.

The services are not directed to persons under the age of 18. BaakMart does not knowingly collect information from persons under 18 or allow them to create an account or access the features of the services on their own. If you are under 18, please do not submit personal information about yourself to BaakMart unless you have proper permission from the appropriate parent or legal guardian. Parents and legal guardians are responsible for determining whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship.

BaakMart may, in its sole discretion, refuse to offer the services to any entity, Seller, Displayer, or Agency and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. This information is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country.

Those who access the site from other areas do so of their own volition and are entirely responsible for compliance with local laws, if and to the extent local laws are applicable.

By using the website and services, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and fully perform all your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction preventing you from entering this Agreement.

3. NOTIFICATIONS AND NEWSLETTER

By providing BaakMart with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news, and special content. If you do not wish to receive these emails, you may opt out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails regarding our services, important news, and unique content.

4. ACCOUNT

USERS will be able to register through four types of accounts:

• Sellers
• Displayers
• Agencies
• Affiliates

 

a. Sellers

Sellers will use the services, manage their product(s) and “Baak Slots” through their BaakMart Seller accounts.
BaakMart reserves the right to request, at any time, documentation from the Seller to verify its business registration and proof of tax compliance. This is essential to ensure adherence to legal and regulatory standards.

Sellers who wish to engage in transactions on the BaakMart platform must be duly registered as sellers on recognized e-commerce platforms including, but not limited to, Amazon, Shopify, eBay, AliExpress, Etsy, or Shein. This registration must be completed prior to their enrollment with BaakMart. Additionally, BaakMart is open to collaborating with a diverse range of sellers, including those engaged in drop shipping, proprietors of private labels or brands, and owners of independent websites. It is imperative for all Sellers to comply with the registration requirements to ensure a standardized and seamless business operation on BaakMart.

The Sellers must update the information in BaakMart directly after updating any information related to the account on the online platform where the Seller sells their product or their product listing on the online platform where the Seller sells their product (registration information and product-related information).

When registering with BaakMart, the Seller must complete the registration form on the website. Upon registration, all newly created Seller accounts will undergo a pending status until they are thoroughly reviewed and approved by BaakMart. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities under your password or account. You agree to (a) immediately notify BaakMart of any unauthorized use of your password or account or any other security breach and (b) ensure that you log out of your account at the end of each session. You may never use another BaakMart Seller’s account without BaakMart’s prior authorization.

BaakMart will not be liable for any loss or damage arising from your failure to comply with this Agreement.

Sellers may cancel their accounts at any time and for any reason through their Seller account settings or by sending us their request through our contact information. Such cancellation will only result in the account’s deletion and all personal data provided to BaakMart.

If BaakMart believes that you have violated any of these terms, provided BaakMart with any false or misleading information, or interfered with the use of any other part of the website or service, we reserve the right to suspend your account or your access immediately, with or without notice, and without any liability to you.

Sellers on BaakMart have the convenience of accessing all their financial details directly through their accounts. This includes viewing invoices, payments, and transaction history. Additionally, sellers can monitor their ‘Baak Balance,’ which reflects credits from promotional codes and refunds from cancelled Baak Slots. This streamlined access ensures sellers have complete and efficient management of their financial activities on BaakMart.

b. Displayers

Displayers are defined as owners/managers of physical retail spaces located around the world, offering tangible locations called ‘Storefronts’ for our online sellers to showcase their product(s). It is mandatory for a Displayer to be officially registered as a business entity in the country where it is physically situated. Displayers will use the services, manage their accounts, create their ‘Storefronts’ and use our service “Baak Slot” through their BaakMart Displayer accounts.

BaakMart reserves the right to request, at any time, documentation from the Displayer to verify its business registration and proof of tax compliance. This is essential to ensure adherence to legal and regulatory standards.

Displayers possess the autonomy to set their fees, reflecting the range and quality of services they provide to online sellers. This pricing flexibility allows Displayers to tailor their offerings based on the unique needs of their clientele.

In addition, Displayers are required to upload detailed information about their physical space ‘Storefront’ to assist online sellers in making informed decisions. This information should include, but is not limited to, the Displayer’s name, Storefront’s name, location, product category specialization, current product displays, capacity, visitor demographics, product display methods, available privileges for product showcasing, and raw materials available for product trials and testing.

Displayers are also encouraged to enhance their profiles by uploading images, videos, and social media links of their physical storefronts. This multimedia content provides online sellers with a more comprehensive understanding of the Storefront’s ambiance, layout, and shopper engagement, thereby facilitating a more informed partnership decision.

Provision of Materials and Devices to Displayers by BaakMart:

As BaakMart gears up to commence operations in mid-2024, we are committed to equipping our Displayers with all the necessary materials and devices to facilitate efficient and modern retail operations. This equipment will include, but is not limited to, banners, labels, specialized devices for scanning codes, printers for QR Codes and NFC Tags, and other relevant technologies to track and display products effectively.

In line with this, Displayers are required to pay a deposit to BaakMart for the provision of these materials and devices. This deposit serves as a security measure, ensuring the safekeeping and proper use of the provided equipment in their Storefronts.

Once a Displayer ceases its association with BaakMart, the deposit will be fully refunded, provided that all materials and devices are returned in their original condition, subject to normal wear and tear. This policy is designed to maintain a fair and responsible distribution of resources, ensuring that each Displayer is adequately prepared to showcase products in a professional and modern setting.

c. Agencies

Additionally, with regards to the information stated in the Sellers section above, it is important to note the following:

• Agencies will manage the Products and Storefronts and use our service “Baak Slot” of other BaakMart Sellers and BaakMart Displayers through their BaakMart Agency accounts.
• Agencies are not allowed to offer Baak Slots or similar registration forms on their web pages.
• Agencies may mention on their own websites or social media that they are currently a BaakMart Agency.
• Agencies are not authorized to use any words that may cause confusion or mislead their clients or third parties with terms such as “Verified BaakMart Agency,” “BaakMart Partner,” “BaakMart Account Manager,” “BaakMart Account Partner,” or any similar terms.
• Agencies now have the capability to oversee the product lines of multiple BaakMart Sellers and handle the Storefronts for various Displayers under their account. They can showcase their array of services on their BaakMart profiles, including offers for creating and overseeing Baak Slots, alongside a broad spectrum of business services. These services extend to business strategy and growth consultations, market and competitive analysis, product investigation, advertising and copywriting solutions, financial and legal advisories, design and tech innovations, as well as managing social media presence.
• BaakMart ensures transparency and accessibility for agencies in managing their financial interactions with our platform. Agencies will have the capability to view all their earnings, commissions, and account balances directly through their dedicated account on the BaakMart website.

 

This feature is designed to provide agencies with real-time access to their financial information, enabling them to track commissions earned, view pending payments, and monitor overall account balances. The user-friendly interface of the BaakMart website will facilitate easy navigation and management of these financial details.

d. Affiliates

Here, you’ll find comprehensive information about affiliate users.

5. USER POLICY

A shared code of conduct ensures that all our users receive the highest company services and are safeguarded. We strive to ensure user pleasure; therefore, while listing products from Sellers or Agencies, we provide shoppers with correct information to ensure that the product supplied matches their expectations. If there are modifications to the product information, the Seller or Agency will update it as soon as feasible. We will always treat all users fairly and lawfully. Creating a positive shopper experience is a company focus as we seek to establish long-term relationships.

You are solely liable for your store, listings, and products, and you agree that:

• You must acquire any permits needed to sell your products on the market; and
• To the extent required by applicable law, you must register with the appropriate taxing authorities and pay all applicable taxes on your product sales.

 

You acknowledge and agree that you may only open multiple Seller Centre accounts for a valid business reason, as decided at BaakMart’s sole discretion. You must notify BaakMart if you (or a linked person or organization) create a Seller Centre account.

You are required to conduct business on the Marketplace:

• With expertise and care, while cooperating with BaakMart and the shoppers and acting in good faith.
• In accordance with the BaakMart Partner Code of Conduct and other BaakMart codes, policies, and guidelines that are periodically published on the Marketplace.
• According to ethical business practices and industry standards; and
• In compliance with all applicable laws, including, without limitation, (i) all laws, statutes, regulations, and other enactments of the territory (ii) the U.S. Foreign Corrupt Practices Act; (iii) all other anti-bribery and corruption, anti-money laundering and anti-terrorism laws; and (iv) any trade or export sanctions or restrictions imposed by the United States.

 

Without prejudice to our other rights, we reserve the right to reject, un-publish, or delete any Seller account or Displayer account that violates these terms and conditions, the general terms and conditions, or any BaakMart regulations, policies, or guidelines.

6. MARKETPLACE WHERE THE SELLER OFFERS HIS PRODUCT

BaakMart is an independent entity, conducting its business operations autonomously. It is crucial to note that BaakMart does not hold any partnership, affiliation, or managerial ties with the e-commerce platforms where sellers list their products. This includes, but is not limited to, platforms utilized by drop shippers or proprietors of individual brands and websites. BaakMart’s commercial and operational activities are entirely distinct and separate from those of any online platforms used by sellers for product sales. Our standing as an independent company underscores the absence of any direct connection to the business practices or management structures of these external e-commerce entities.

By registering on the website and using BaakMart’s services, the Seller declares and guarantees that they comply with the policies and regulations of the online platform where the Seller sells their product(s) and BaakMart jointly. Any problems related to the product listings published on the online platform where the Seller sells their product(s) shall be resolved or managed between the online platform where the Seller sells their product(s) and the Seller. BaakMart is not responsible for the product listings published on the online platform where the Seller sells their product(s) nor for the relationship between the online platform where the Seller sells their product(s) and its Sellers.

Please note that the use of any product, merchandise, content, or material related to the name of the online platform where the Seller sells their product(s) (brand, name, logo, photos, videos, content, links, banners, etc.) to promote their products through BaakMart services is subject to the policy of the online platform where the Seller sells their product(s) and these terms and conditions together.

7. PRODUCTS & BAAK SLOTS

BaakMart Sellers will be able to reserve Baak Slots and display their products published on the online platform where the Seller offers their product(s) in our physical Displayers Storefronts network. The “Baak Slots” are spaces in our physical Displayers Storefronts network where our Sellers can exhibit their products published on the online platform where the Seller sells their product(s). Our Seller will be able to reserve a Baak Slot in each available BaakMart physical Storefront. A Baak Slot will correspond to a display space in a single physical BaakMart Storefront. The Seller must reserve a Baak Slot for each product and for each BaakMart Storefront where the product will be displayed.

Baak Slots booking, and product tracking occur only on our official website. Baak Slots reservations and product tracking are not done through third parties.

Furthermore, all products showcased by our Sellers or Agencies through BaakMart’s Slots are required to be concurrently listed on the online platforms where these sellers are registered. These products must adhere to the respective policies and conditions of the regional marketplaces where they are sold. Sellers are urged to thoroughly familiarize themselves with and comply with the seller policies of the online platforms on which their products are listed. BaakMart’s commitment to these standards is a testament to our dedication to maintaining a reliable and safe shopping experience for all parties involved.

BaakMart places a high emphasis on security and transparency in its operations. To safeguard against misunderstandings, issues, or fraudulent activities, BaakMart implements additional validation methods for certain categories of online sellers, including drop shippers and brand owners. This rigorous vetting process is designed to protect all users and shoppers, contributing to a secure and trustworthy shopping environment on our platform and in our physical Displayers.

BaakMart extends a warm invitation to sellers from all corners of the globe, embracing a diverse range of products offered internationally. These global sellers are afforded the unique opportunity to reserve a ‘Baak Slot’ for each of their products within any of BaakMart’s available physical Storefronts. This inclusive approach allows sellers from various regions to showcase their products, leveraging BaakMart’s extensive reach to connect with a wider audience. Our commitment to global inclusivity ensures that sellers, regardless of their geographic location, can take full advantage of BaakMart’s platform.

It is not permitted to display in Baak Slots products that are not published on the online platform where the Seller sells their product(s) or on a different regional marketplace from the online platform where the Seller sells their product(s). BaakMart will check and approve product links posted on the online platform where the Seller sells their product(s) to verify that they are posted on the appropriate regional Marketplace of the online platform where the Seller sells their product(s).

8. BOOKING / MANAGING BAAK SLOTS

8.1. BaakMart Sellers and Agencies can manage and track Baak Slots through the following process:

1. Sellers/Displayers/Agencies should register as users on BaakMart.

2. Sellers add product(s), Displayers add Storefront(s).

3. Sellers can choose physical storefronts worldwide that align with the markets where they sell their product(s). They may check their Baak Slot Packages, assess their services, see how they’ll display their product(s), engage with them, and book a Baak Slot (physical space/slot in-store for which they will pay a monthly fee per product) based on their offerings.

4. (Optionally) Sellers and Displayers can book a BaakMart Agency to assist in managing and optimizing their product(s)/Storefront(s) / Baak Slot(s).

5. Once Seller has paid the Baak Slot fee and the Displayer has submitted a deposit equivalent to the price of their product, the Baak Slot will become active.

6. Approval process by BaakMart.

7. If the Baak Slot is approved, the Seller must send the Product to the corresponding BaakMart Storefront.

8. Follow-up of the product shipment.

9. Receipt of the Product by the corresponding BaakMart Storefront.

10. The inspection and approval status of the product will be displayed in the Baak Slot (see Products section).

11. BaakMart Displayer to attach unique code and printed label onto product.

12. Installation of the Product in BaakMart Storefront (Shelf placement, connection to security cable, connection to utilities such as water, electricity, and Wi-Fi).

13. Management and control of the Baak Slot by the Seller through the Seller account.

14. Seller anticipates sales from shoppers at the Displayer’s storefront and monitors engagement with their product. Shoppers can access the online product listings by scanning the QR code attached to the product, allowing them to place orders directly online for immediate sales transactions.

15. The Seller/Displayer/Agency will be able to pause, reactivate or cancel the Baak Slot (see section on Baak Slot cancellation).

16. The Seller/Displayer/Agency will be able to check the status of the Baak Slot (active, inactive, paused, cancelled by Seller/Agency, cancelled by BaakMart Displayer, cancelled by BaakMart).

17. The Seller will be able to obtain feedback from BaakMart regarding the management of the Baak Slot.

18. The Seller will be able to check his account’s financial status and billing status.

19. If Sellers/Agencies want to pause their Baak Slot for various reasons, including but not limited to out-of-stock situations, seasonal product changes, or financial constraints, they should organize this with the corresponding BaakMart Displayer. In such instances, it is incumbent upon the Seller/Agency to promptly notify the BaakMart Displayer regarding the status of the paused Baak Slot. This notification is crucial for coordinating the potential return of the product to a BaakMart Displayer warehouse, subject to the Displayer’s agreement and available storage space. It is important to note that in the event of a Baak Slot pause necessitating product return, the Seller/Agency will bear the responsibility for all associated costs of transporting the product back to the BaakMart Displayer warehouse. This policy ensures a seamless and responsible management of Baak Slots and inventory across BaakMart’s operations.

 

8.2. Adding Products and Booking Baak Slots:

Product Addition and Registration: Before booking Baak Slots, Sellers are required to add their products to their BaakMart account.

Introduction of Booking Baak Slots: Booking Baak Slots is a fundamental service that BaakMart offers on our website. This feature is scheduled to become available in mid-2024, contingent upon accumulating a sufficient inventory of products and a diverse range of Storefronts to facilitate effective deal-making.

The process is as follows:

1. Sellers will have the opportunity to review various Storefronts, assessing their services and the monthly fees for product display.

2. Sellers can then initiate communication with Displayers to negotiate and finalize a deal, which includes booking and paying for the Baak Slot.

3. It is imperative for both parties – the online seller and the Displayer – to mutually agree on a specific start date for the product display. This agreement is crucial in ensuring a coordinated and seamless transition of products from the seller to the Displayer. In addition to setting a display start date, online sellers are obligated to furnish BaakMart and the corresponding BaakMart Displayer with comprehensive shipping details. These details must include the tracking number and the name of the shipping provider. Providing this information is essential for the transparency and traceability of the product shipment, enabling both BaakMart and the Displayer to monitor the transit of products effectively.

4. BaakMart implements a safeguarded approach to the handling of Baak Slot fees. Upon booking a Baak Slot, the associated fees will be held in escrow until the conclusion of the calendar month. This hold period is essential to ensure that there are no unresolved issues or legal disputes between BaakMart Seller and BaakMart Displayer. At the end of the calendar month, provided there are no outstanding concerns or disputes, the Baak Slot fees will then be released to the Displayer. This process is designed to promote a secure and trustworthy transaction environment, allowing both parties to conduct their business with confidence and assurance.

5. Displayer Deposit Requirement: As a precautionary measure against potential fraud, Displayers are required to pay a deposit equal to the price of the product they wish to display. BaakMart will hold this deposit. This procedure is provisional and aims to build trust between Sellers and Displayers. Should a Baak Slot be canceled, the deposit will be returned to the Displayer after they have shipped the product back to the Seller, except in cases where the Displayer is responsible for product damage or fails to return the product to the Seller. BaakMart reserves the right to make decisions in such scenarios to ensure protection for all parties involved.

6. BaakMart’s Review and Approval Process: BaakMart will review each product and Baak Slot to ensure compliance with our policies. Following approval, the Seller is authorized to ship their product to the Displayer’s Storefront at the provided address. If BaakMart disapproves the Baak Slot or product, both the deposit and Baak Slot fees will be refunded to the respective parties.

 

9. CANCELLATION AND REJECTION OF PRODUCTS AND BAAK SLOTS

Sellers/Displayers/Agencies will be able to cancel the Baak Slots at any time through the BaakMart Seller/Displayer/Agency account. If a Baak Slot is canceled while the product is being displayed in BaakMart Storefronts, the seller has the option for the BaakMart Displayer to either return the product to the Seller or donate it to a charitable organization.

9.1. Cancellation by BaakMart/BaakMart Displayer:

If BaakMart initiates the cancellation of a Baak Slot, the Seller’s entitlement to a refund will be governed by the underlying reason for such cancellation. In scenarios where the cancellation is attributed to technical or operational issues on the part of BaakMart/BaakMart Displayer, the Seller will be entitled to a full refund of the Baak Slot reservation fee. This refund will be processed using the original method of payment, or through any alternative payment method mutually agreed upon between the Seller and BaakMart.

However, it is crucial to note that if the cancellation arises due to reasons attributable to the Seller, such as issues with the product’s compliance, quality, legality, or involvement in fraudulent activities, the Seller will not be eligible for a refund. This condition underscores the importance of adherence to BaakMart’s standards and policies by Sellers to ensure a fair and trustworthy business environment.

These provisions are designed to maintain a balance of accountability between BaakMart and its Sellers, ensuring that refunds are processed equitably based on the circumstances leading to the cancellation of a Baak Slot.

9.2. Non-approval of the Product:

If the product is not approved by BaakMart after booking the Baak Slot, both the Seller and Displayer will be entitled to a complete refund of both the Baak Slot reservation fee and the product deposit. This refund will be issued through the original method of payment or through another agreed-upon payment method among the Seller, Displayer, and BaakMart.

9.3. Non-approval of the Baak Slot:

If the Baak Slot is not approved By BaakMart after booking, both the Seller and Displayer will be entitled to a complete refund of both the Baak Slot reservation fee and the product deposit. This refund will be issued through the original method of payment or through another agreed-upon payment method among the Seller, Displayer, and BaakMart.

9.4. Pre-Opening Cancellation:

All Baak Slots booked before the official launching of BaakMart Online Hub are eligible to be cancelled by the Seller/Displayer/Agency and receive a full refund. The refund will be processed using the original payment method or any alternative payment method agreed upon between the Seller, Displayer, and BaakMart.

9.5. Cancellation while displaying the product at BaakMart Stores:

In the event of product cancellation initiated by the Seller, it is mandatory for the Seller to pay the full month’s fee, calculated until the end of the calendar month. This condition applies unless there is a demonstrable and significant reason, issue, or omission originating from the BaakMart Displayer’s side. The Displayer will receive a full refund of the product deposit. The refund method will be either the original payment method used, or another payment method mutually agreed upon by the Displayer and BaakMart.

If it is established that the cancellation is due to a substantial fault or oversight on the part of BaakMart Displayer, the Seller will then be entitled to a refund. This policy ensures fairness and accountability, recognizing that while Sellers are responsible for their commitments, BaakMart equally upholds its obligation to maintain a reliable and supportive platform for its Sellers. The Displayer will receive a full refund of the product deposit. The refund method will be either the original payment method used, or another payment method mutually agreed upon by the Displayer and BaakMart.

This dual approach ensures that all parties – BaakMart, the Seller, and the Displayer – are protected and treated fairly, with financial responsibilities clearly defined in relation to the reasons for product cancellation.

Here, you can find the BaakMart Refund Policy for your reference.

10. CANCELLATION OF PRODUCTS AND BAAK SLOTS BY BAAKMART

BaakMart maintains the explicit right to cancel any product reservation or Baak Slot at its discretion. This right is particularly exercised in, but not limited to, the following scenarios:

• Products priced significantly higher than market value (‘Overpriced products’).
• Products of inferior quality, as evidenced by a predominance of negative reviews on the e-commerce platform where the Seller markets these products (‘Low quality products’).
• Products of substantial size that exceed the logistical capacities of BaakMart Storefronts (‘Oversized products’).
• Products that, due to their inherent characteristics, are unsuitable for display or sale in our BaakMart Storefronts.
• Any suspicious or irregular activities related to the Seller’s account, including but not limited to dubious information provided by the Seller (‘Suspicious Seller Behavior’).
• Multiple complaints or reports of dissatisfaction from BaakMart Displayers and their shoppers regarding a particular Seller / product.
• Any other reason deemed justifiable by BaakMart, based on its operational standards and policies (‘Reasonable Grounds for Cancellation’).

The Seller, Displayer, and the Agency will be notified of the approval or cancellation of the product and Baak Slot reservation before the product is shipped to the corresponding BaakMart Storefront. If the product or Baak Slot is cancelled, the Seller will receive a full refund according to the Baak Slot reserved, and the Displayer will receive the deposit that they have paid, which will be processed using the original payment method or any alternative payment method agreed upon between the Seller, Displayer, and BaakMart. BaakMart reserves the right to either inform or not inform the Seller, Displayer, and Agency of the reason why the product or Baak Slot may be cancelled.

BaakMart has the right to cancel any product or Baak Slot and withdraw the product from Storefronts in the following cases:

1. The product may be risky or dangerous to test.

2. The product is deficient.

3. Storefront’s insurance policy does not cover the product, or the product does not conform to the Storefront’s insurance policy.

4. The product is constantly receiving complaints from shoppers or consumers.

5. The online platform where the Seller sells its product closes or suspends the Seller’s account or product listing for any reason.

6. When the Seller or the product’s listing violates the policies of the online platform where the Seller sells their product.

At any time during the provision of our services, BaakMart may require immediate removal of all or some of the products; upon reasonable prior written notice to the Seller, Displayer, and Agency, the Seller will bear all costs of removal of the products. If the Seller does not cover this cost, BaakMart may consider these products abandoned and obtain full title to these abandoned products without any additional conditions. Thereafter, the BaakMart Displayer may dispose of the abandoned products at its sole discretion.

11. PAYMENTS

Payments for Baak Slots reservations will be invoiced automatically and in advance each calendar month. The Seller must pay according to the payment date stated on the invoice. The invoice for the Baak Slot reservation will be sent to the Seller on each billing date.

Once the payment of the corresponding monthly Baak Slot reservation fee has been processed, we will send an electronic receipt and invoice to the Seller’s email address.

If you find any inconsistencies in your billing, please contact us through our contact details, or you can file a complaint through the relevant payment processor’s support service.

The billing month will start from the moment BaakMart Storefront receives the product, as long as the delivery of the product is not delayed by more than two weeks from the date of the supposed arrival; otherwise, BaakMart will start billing from the current calendar month and will not refund the fees to the Seller for that calendar month.

All our Baak Slots and payments must be processed according to the calendar month of billing. For example, when a Seller starts using a Baak Slot in the middle of the calendar month, the Seller must pay for half of the month and then pay at the beginning of each calendar month thereafter.

If the Seller fails to make the monthly payment for the reserved Baak Slot within one week of the due date contained in the invoice, the Seller will receive a notice for late payment. If the Seller fails to pay the monthly fee within two weeks from the due date on the invoice, the Seller’s Baak Slot will be paused. The Seller must pay the monthly fee to reactivate the Baak Slot. Once the payment has been made, the Seller will be able to reactivate the Baak Slot or cancel the Baak Slot. If the Seller decides to cancel the Baak Slot, the product will be sent back to the Seller. The Seller is responsible for the shipping costs of returning the product from the BaakMart Displayer to the Seller’s return address.

12. PAYMENT METHODS

We accept payment through credit cards, debit cards, and PayPal. (Bank Transfer Method will come later). Ensure that you have read and understood the terms and conditions and privacy policies of each payment service provider you use.

All fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, and duties.

13. BAAKMART FEES

All BaakMart fees are presently displayed in United States Dollars (USD) on our website. In the future, to enhance user convenience and provide a tailored experience, these fees will be shown in the local currency corresponding to the account user’s location. This change aims to facilitate a more intuitive and personalized browsing experience for our diverse user base, reflecting BaakMart’s commitment to accommodating the needs of our global clientele.

The BaakMart fees do not include Sales Tax.

13.1. Baak Slot Pricing Structure:

BaakMart empowers each individual Displayer to determine the monthly fees for Baak Slots, which facilitate the display of products in their Storefronts (physical stores). In pursuit of enhancing convenience and efficiency, BaakMart is in the process of developing an advanced pricing tool. This tool is designed to streamline the management, monitoring, and negotiation of deals for Sellers, Displayers, and Agencies.

Our pricing strategy is bifurcated into two distinct categories:

• Standard Displayer Pricing: Displayed prominently on the Storefront’s profile, these prices are calculated based on a multitude of factors. These include, but are not limited to, the size of the product, the utilities required for effective product display and shopper interaction, and any additional fees for supplementary services offered by the Displayer.
• Customizable Pricing: Recognizing the unique needs and circumstances of each Seller-Displayer relationship, we offer the flexibility of customizable pricing. This allows Sellers and Displayers to engage in direct discussions, considering all pertinent details, to agree upon a price that best suits their mutual requirements.

 

This dual pricing model is designed to offer maximum flexibility and cater to the diverse needs of our Sellers and Displayers, ensuring a fair and transparent transaction process.

13.2. BaakMart Fee Structure:

BaakMart applies a commission rate of 25% on each Baak Slot fee. The specified percentage will be automatically deducted from the Baak Slot fee at the time of payment. This commission structure is an integral part of our business model and is structured for Tax Exclusion, operational costs, development, and enhancement of our platform.

13.3. Fees for BaakMart Agency Services:

BaakMart implements a 25% commission on every service fee charged by agencies to Sellers and Displayers. This percentage is deducted from the fee amount at the moment of transaction. Our commission policy is designed to cover Tax Exclusion, operational expenses, development, and improvement of our platform, forming a fundamental aspect of our business strategy.

13.4. BaakMart Rate Change Policy and Notification Procedure:

BaakMart reserves the right to change rates at any time. BaakMart will notify the Seller/Displayer/Agency via email or any available means whenever a change is made to the Baak Slots rates.

13.5. Policy on Affiliate Commissions and Account Management for BaakMart Sellers, Displayers, and Agencies:

If BaakMart discovers that a BaakMart Seller/Displayer/Agency has created a BaakMart Affiliate account solely to receive commissions from their own Baak Slots/Services, it may result in the suspension of their BaakMart Seller Account and the temporary suspension of their Baak Slots/Services. Additionally, this action may lead to permanent termination of all their accounts, including the BaakMart Seller/Displayer/Agency Account and BaakMart Affiliates Account.

BaakMart allows Sellers to create and benefit from their own BaakMart Affiliates Account where they will assist other BaakMart Sellers and BaakMart Displayers in managing and optimizing their Products/Storefronts/Baak Slots. However, a BaakMart Seller/Displayer/Agency can access a BaakMart affiliates Account only if they are actively managing and optimizing Baak Slots for at least five other BaakMart Sellers and/or Displayers.

14. DISCOUNT COUPONS

BaakMart may offer later discount coupons for use on Baak Slots reservations. Discount coupons may have their own terms and conditions.

15. PRODUCTS

Products displayed through the Baak Slots must be authentic. The sale or display of counterfeit products in BaakMart Storefronts is strictly prohibited. Failure to comply with this policy may result in the loss of selling privileges, funds withheld, and removal of inventory in our possession.

Each Baak Slot is intended for and related to a specific product selected by the Seller/Agency at the time of the Baak Slot reservation. Once a reservation has been made, not all changes to the product details are allowed.

If the Seller stops selling the product on the online platform where the Seller sells their product(s) or the Seller does not need the Baak Slot, or if the Seller has a problem with the online platform where the Seller sells their product(s), regarding their account on such platform or the listing of the product, or if the Seller does not have enough stock, the Seller/Agency can cancel the Baak Slot through their BaakMart account and reserve a new Baak Slot for new products.

Baak Slots booking of the following products is prohibited:

1. Food and groceries.

2. Alcohol, tobacco, nicotine, or related products.

3. Asbestos.

4. Live animals.

5. Military weapons and ammunition and controlled equipment (archery, sporting weapons, hunting equipment, replica weapons, etc.)-

6. Adult content, pornography, and sex-related products.

7. Money, paper money, or any other bearer security.

8. Invasive medical devices or equipment for invasive beauty treatments (i.e., Botox, peeling, hyaluronic acid, etc.).

9. Drugs or any type of illegal substances, including products simulating the effects of any illegal drug, any substance for manufacturing drugs, and any equipment used to produce, combine, convert, process, prepare, conceal, and consume illegal drugs.

10. Biological material of human origin (e.g., hormones, hair, etc.).

11. Radioactive material. Corrosive and explosive materials, compressed gasses and aerosols, flammable liquids, oxidizing materials, and flammable solids.

12. Drugs (whether sold by prescription or not) or any substance related to the miraculous cure of any disease or health condition, including any hospital equipment.

13. Precious metals, jewelry, or any other product made from these materials – Purchase or trade.

14. Plants, seeds, grass, and living plant species; straw and fodder.

15. Products or services for enlargement of body parts (i.e., penis and breast enlargement).

16. Products prohibited by the local Public Health Agency, Health Authority, or equivalent.

17. Products that damage trademarks, patents, copyrights, and other intellectual property rights (i.e., counterfeit products).

18. Products related to pedophilia, child pornography, child nudity, and articles in any form involving the illegal participation of minors.

19. Products that are stolen, misappropriated in any way, smuggled, counterfeit, adulterated, or replicated.

20. Controlled substances and/or other products that present risks to consumer safety.

21. Poisons: liquid, solid, or gas.

22. Any other product, service, or activity considered illegal in any jurisdiction.

 

Important: If you have any doubts about whether your product is acceptable, you have two options: you can contact us through our provided contact information, or you can book a Baak Slot and wait for product approval or rejection.

In the event of any problem or inconvenience between BaakMart Seller and the online platform where the Seller offers and sells their product(s)), and the link (which directs shoppers of our storefronts to your product listings) that we attach to your product does not work, you must immediately inform BaakMart whether you wish to keep the product in the corresponding BaakMart Storefront or remove it, or send it back to the seller. The Seller must pay the full billing fee for that entire month. The Baak Slot will be paused in pending status. As long as the Baak Slot remains in pending status, you will not be billed the monthly fee, but you will be billed for shipping back the product to the Seller.

If the Seller sells another item similar to their pending product on the online platform where the Seller sells their product(s), the Seller can inform us to attach a new link instead of the old one; in this case, BaakMart will activate the Baak Slot again with the new link and will start billing the fee for the corresponding billing month.

BaakMart is also developing a marketplace that will allow shoppers to easily browse all products displayed in BaakMart Storefronts. This platform will enable customers to locate the exact physical location of a product for in-person testing by integrating a map search feature. Additionally, for added convenience, shoppers will have the option to purchase products directly from sellers online, eliminating the need to visit a physical BaakMart Storefront.

16. OUR SELLERS’ SALES

BaakMart/BaakMart Displayers will not charge any commission for sales of products from our Sellers. Our goal is always to help our Sellers to achieve more sales.

17. SHIPPING AND RECEIVING PRODUCTS TO BAAKMART DISPLAYERS

The products you send to BaakMart Storefronts to be displayed through our Baak Slots must comply with the conditions included in these terms and conditions and will be subject to an inspection process by BaakMart before approval and display.

Sellers who secure reservations for Baak Slots are required to dispatch their products directly to the designated BaakMart Storefront. This shipment should be coordinated in alignment with an agreed-upon schedule, which is to be mutually established between the Seller and the Displayer. The agreement should specify a definitive date for the product to be displayed at the BaakMart Storefront.

BaakMart will be able to track the products Sellers send to our BaakMart Storefronts through the tracking number provided by the Seller and the shipping provider. The Seller/Agency must attach this number when shipping their product and attach it to the appropriate Baak Slot. Otherwise, BaakMart/BaakMart Displayer will not be able to track the product.

The Seller/Agency will be able to track the inspection and approval process of their product through their Seller/Agency account.

Sellers must pay for shipping of the product to our BaakMart Storefronts. BaakMart is not responsible for the products shipped by the Seller if BaakMart employees/BaakMart Displayers cannot recognize them, and if the Seller/Agency does not attach a correct tracking number. The Seller/Agency can attach the tracking number on the Baak Slot when they mark it as shipped.

The Seller may ship new or used products (including products returned in good condition). Products will be subject to an inspection and approval process by the BaakMart Displayer. Please do not send products with missing or broken parts, large stains, and odors. If the BaakMart Displayer does not approve any of the Seller’s products due to broken or missing parts or poor condition, the Seller/Agency will be notified, and the products will be sent back to the Seller. The Seller will bear the cost of return shipping.

If some of your products are approved, and others are not, the Baak Slots related to the approved products will be activated, and the product will start to be displayed in the corresponding BaakMart Storefront. The Baak Slots of the disapproved products will remain pending until the Seller submits new products.

After receiving your products and displaying them in BaakMart Storefronts, the BaakMart Displayer will dispose of all packaging, including boxes, paper, plastic, cork, etc., except for Seller manuals and spare parts. In case of a return, the products will be packed and returned in BaakMart/BaakMart Displayer boxes/packages.

BaakMart Displayers will print and attach QR codes/NFC Tags to products. BaakMart Displayers are responsible for printing and attaching the codes on the products displayed through the Baak Slots. Once BaakMart Displayers receive the product(s) in their Storefronts, you can start tracking each product in each of our Storefronts in your Seller/Agency account on our website: (Received in Storefront, inspected, approved, rejected, insured, attached QR Code/NFC Tag, displayed in store, stolen, broken, lost, sent to storage, in storage).

BaakMart reserves the right to indicate on the label attached to the product the Seller’s data contained in the product listing, such as the Seller’s name and other codes. For each product, BaakMart will provide the Displayer with the label to be printed, containing all the details about the seller’s product; these details must be taken from the product list on the online platform where the Seller sells their product(s). The Seller/Agency must provide these details at the time of booking the Baak Slot. The product information provided must comply with the policies of the online platform where the Seller sells their product(s). Tags will not contain pricing information.

If the product has different variants such as colors/sizes/models, BaakMart will include a special sign on the product in our BaakMart Storefronts so that shoppers can check it online. The Seller/Agency must provide the product variant information at the time of booking the Baak Slot.

If the product is out of stock online, the Seller/Agency must inform us immediately to attach a label indicating that the product is out of stock. If the product is out of stock for more than one week, BaakMart will have the right to withdraw the product from the Storefront.

Products will be displayed in BaakMart Storefronts in the department/category to which they are related. The Seller/Agency may request that the location, place, or category of products in the Storefront be changed if the Seller/Agency considers that the product is not displayed in the correct place in the Storefront or in cases where the Seller/Agency selects the wrong department or section to display the product.

Products that need water, electricity, internet, or any other raw materials or additional services or supplies that help shoppers in our Storefronts to test the Seller’s products, will be provided by BaakMart Displayers based on the agreement between Sellers and Displayers. If the Seller/Agency wishes not to have their item tested by shoppers in our BaakMart Storefronts, they must mention or communicate this at the time of booking the Baak Slot and provide a reasonable justification.

In the case of seasonal products, it is better if the product is suitable for the current season. If the product is not in the current season to be displayed, the Seller/Agency can pause their Baak Slot through the Seller/Agency account and withdraw the product from our Storefronts, remember that the Seller must pay the cost of shipping and storage of the withdrawn product in case the Displayer has a storage or warehouse. If the Seller/Agency pauses the Baak Slot, the Seller’s Baak Slot will be pending, and no monthly charges will be made. The Seller/Agency will be able to activate the Baak Slot from the Seller/Agency account to display the product again in the Storefront.

All risks of loss, damage, or theft of the products shall pass to the BaakMart Displayer when the BaakMart Displayer receives them, and they are in the BaakMart Displayer’s physical possession. Displayers may offer connecting some products with a secure cable to an alarm system to protect them from theft. BaakMart Displayers will be responsible for stolen and damaged items in BaakMart Storefronts. BaakMart Displayers must insure the products against all risks, including theft and damage insurance, and provide evidence of insurance coverage to the Seller/Agency upon request. If products are damaged or lost while in possession of BaakMart Storefronts, the BaakMart Displayer will reimburse the Seller for the amount of the respective selling prices to the Seller of the damaged or lost products.

18. SHOPPERS IN BAAKMART STOREFRONTS AND TESTING OF PRODUCTS

BaakMart Displayers have the right to display, offer and allow shoppers to test the products. BaakMart/BaakMart Displayers may refuse to allow shoppers to try the products in the following cases:

• The Seller/Agency requests BaakMart not to allow the testing of the products during the booking of the Baak Slots.
• The product does not need to be tested.
• The product is too complicated or risky to test.
• Testing or operating the product affects the insurance policy.

 

BaakMart Displayers will provide special departments for some products to be tested by shoppers. BaakMart Displayers will supply the services and raw materials (household appliances, kitchen appliances, working tools, toys, games, sports machines, etc.).

BaakMart Displayers shall be free to display the products at their discretion and decision. BaakMart Displayers may display and offer the products packaged, unpacked, hung, connected to water, electricity, Wi-Fi, etc.

BaakMart Displayers are responsible for cleaning and tidying the products after shoppers test the products.

19. ADDITIONAL COSTS

Sellers are responsible when the product is broken due to poor quality, especially when many complaints are received from shoppers in our BaakMart Storefronts.

Sellers will be able to pay additional costs for other services if they wish, such as displaying photos and videos of their product in our BaakMart Storefronts.

Sellers may include tablets with their products for the purpose of playing a video to shoppers about the product. BaakMart Storefronts will be responsible for the management of the tablets, including charging. BaakMart Storefronts might also include an anti-theft security cable. The tablet service and continuous video playback will have an additional cost that will be calculated later and will be agreed between the Seller and the Displayer before booking the Baak Slot. The Seller/Agency must send the tablet, or tablets depending on the number of products, and enclose them with the shipment of products.

20. BAAKMART DISPLAYER EMPLOYEES

It is strictly forbidden for any Seller to use BaakMart Storefronts employees to specifically promote their products in BaakMart Storefronts. BaakMart Storefronts employees are not employees of the Seller/Agency and perform their duties in accordance with BaakMart Storefronts guidelines. Any attempt to use or persuade any BaakMart Storefront employee for unauthorized purposes may result in the removal of BaakMart Slots and the Seller’s/Agency’s account suspension. No refunds will be issued for Baak Slots withdrawn and accounts suspended for violating these terms and unauthorized uses.

21. SELLER PRODUCT MANAGER

Sellers can send a person in charge to the BaakMart Storefronts where the product is displayed. This should be agreed in advance between the Seller and the Displayer. The Seller’s product manager will aim to show and explain the product’s features, functions, and specifications in our BaakMart Storefronts.

The Seller/Agency must inform about the use of the product manager to record the data and functions of the manager. BaakMart Displayers might provide a BaakMart badge and uniform. The Seller’s product manager might wear the BaakMart Storefronts uniform, carry the BaakMart badge at all times, in case the Displayer requests, and abide by the BaakMart Storefront’s internal regulations.

Sellers will be responsible for the salary, or any payment agreed upon between the Seller/Agency and the Seller’s product manager. BaakMart/BaakMart Storefronts shall not be responsible for the labor obligations, or any payment agreed between the Seller/Agency and the Seller’s product manager. Labor obligations or any other obligations between the Seller/Agency and the Seller’s product manager are the sole responsibility of the Seller/Agency.

In cases where the Seller’s product manager violates the provisions contained in these terms and BaakMart Storefronts’ internal regulations, BaakMart Displayers may remove the employee from the BaakMart Storefront without the Seller’s/Agency’s authorization.

22. STANDS / BOOTHS RENTALS

Sellers/Agencies can rent stands/booths to install in BaakMart Storefronts. Prices and payment terms of the stands/booths will be agreed upon between the Seller/Agency and BaakMart Displayer, and they can initiate customizable Baak Slots that meet their needs and expectations.

23. BAAKMART STOREFRONTS

BaakMart Storefronts are strategically situated in diverse locations worldwide. Each BaakMart Storefront is obligated to adhere to the rules and regulations of the country in which it is physically located. This compliance extends to, but is not limited to, adherence to local business hours, business days, observance of national holidays, response to lockouts, adherence to pandemic-related rules and restrictions, and emergency protocols.

Additionally, BaakMart Storefronts must abide by applicable local laws and regulations pertaining to catastrophic events, insurance requirements, labor strikes, union rules, and any other labor and trade regulations relevant to their operation.

This policy underscores BaakMart Storefront’s commitment to operating in a legal and socially responsible manner, aligning with the local customs, laws, and regulations of each region where our Storefronts are established. It ensures that our operations are not only consistent with local standards but also respectful of the cultural and legal context of each location.

BaakMart may deploy specialized ‘Inspectors’ to visit Storefronts. Their role will be to verify that products are being displayed as agreed and to ensure that the services promised on our platform are being adequately provided.

24. BAAKMART TRAINING MATERIALS

BaakMart is committed to providing comprehensive and user-friendly educational resources for our Sellers, Displayers, and Agencies. To this end, we will develop a series of didactic videos. These materials are designed to effectively guide users on how to use, manage, and track Baak Slots. Additionally, the videos will detail the procedures followed by BaakMart Storefronts in handling products, including receiving, unpacking, inspecting, attaching codes, and displaying them.

The training videos will also cover important processes such as cancellation and the procedure for returning products to Sellers. It is important to note that all training materials are protected under copyright and intellectual property laws, as detailed in our copyright section.

Furthermore, the BaakMart Customer Service Team is dedicated to providing additional support and assistance. Our team is readily available to answer queries, provide guidance, and ensure a smooth and efficient experience for all users interacting with the BaakMart platform.

25. DISCLAIMER

The products our Sellers/Agencies offer through Baak Slots and our services are not offered or provided by BaakMart. BaakMart services are limited to BaakMart services and BaakMart Storefronts, where Sellers/Agencies can physically offer and display their products through Baak Slots. The BaakMart Displayer is not responsible for the products Sellers/Agencies offer in the corresponding BaakMart Storefronts. The sale, purchase, delivery, and return policies will be the sole and exclusive responsibility of the Sellers/Agencies offering such products in our stores and the online platform where the Seller sells their Product(s)). The purchase of the products displayed through our Baak Slots is the sole and exclusive responsibility of the final purchasers of such products.

Disputes arising between Sellers and end purchasers of the products will be resolved by the Sellers themselves and/or with the online platform where Sellers sell their product(s). BaakMart will not accept any claims in connection with the purchase of the products by the end purchasers.
In the event that one or more Sellers or any third party initiates any claim or legal action against BaakMart or other Sellers, any and all Sellers involved in such claims or actions shall be held harmless by BaakMart.

By accessing the website and the content available on the website (BaakMart training materials), including the content available through access to the Scaling Toolbox, the User accepts personal responsibility for the results of using the information available in the content. The User agrees that BaakMart does not guarantee the results of any action taken, advised, or not advised by this website or the content available through access to the Scaling Toolbox. BaakMart provides resources and content for informational and educational purposes only. We do not warrant that the information on the website and the Scaling Toolbox is accurate, complete, or current. Any use of the material provided on this website and the Scaling Toolbox is the sole responsibility of the Seller.

26. SELLER/DISPLAYER/AGENCY CONTENT

By using our services, you may provide us with information or content. You retain all copyrights or other rights you may have in the information you provide through the use of the website and our services. BaakMart is not responsible for the accuracy, security, or legality of the information or content provided by the Seller/Displayer/Agency through the website. By providing content and information through the use of the website and our services, the Seller/Displayer/Agency grants BaakMart a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, and modify the Seller’s content for the sole purpose of providing our services and content properly.

27. COPYRIGHT

All materials on BaakMart, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software, and other elements, are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by BaakMart or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on BaakMart are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way or otherwise used for any purpose by any person or entity without BaakMart’s prior express written permission. You may not add, delete, distort, or modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize BaakMart or any part of the material for any purpose other than its intended purposes is strictly prohibited.

28. COPYRIGHT INFRINGEMENT

BaakMart will respond to all inquiries, complaints, and claims regarding alleged infringement for failure to comply with or violate the Digital Millennium Copyright Act (DMCA) provisions. BaakMart respects the intellectual property of others and expects Sellers to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes on your copyright or other intellectual property rights, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material in sufficient detail so that BaakMart can find it on the website.
  Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your Notification is accurate and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf.

Receipt of Notification:

Upon receipt of the written Notification, including the above-described information:

• i. BaakMart shall delete or block access to the allegedly infringing material.
• ii. BaakMart will send a letter to the accused infringer (the “Alleged Infringer”).
• iii. BaakMart shall take reasonable measures to swiftly inform the Alleged Infringer that the material has been withdrawn or that access has been disabled.

Counter Notification:

To counter an allegation of alleged infringement, an Alleged Infringer may submit a Counter Notification. For a Counter Notification to be effective, it must be a written statement sent to BaakMart’s Copyright Agent that generally contains the following:

• i. A physical or digital signature of the Accused Infringer.
• ii. Identification of the content that has been removed or to which access has been disabled, as well as the location of the content before its removal or disablement.
• iii. A declaration under penalty of perjury stating the Alleged Infringer has a good faith belief that the content was deleted or disabled due to an error or a misidentification of the item to be removed or disabled.
• iv. Name, address, and telephone number of the Alleged Infringer and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is located outside of the United States, for any judicial district in which BaakMart may be found.

Receipt of Counter Notification:

Upon receipt of a Counter Notification with the above-described information:

• i. BaakMart shall promptly deliver a copy of the Counter Notification to the Complaining Party.
• ii. Within ten (10) business days, BaakMart will notify the Complaining Party that it will restore the withdrawn content or discontinue blocking access to it.

 

BaakMart will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided the Copyright Agent has not received Notification from the Complaining Party that an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on BaakMart’s network or system has been filed.

29. PERSONAL DATA

Any personal information you submit in connection with your use of the website will be used in accordance with our privacy policy. By using the website, you consent to our collection and storage of your personal information. Please see our privacy policy.

30. WEBSITE TERMS OF USE

Our website can only be used to perform purchases and post reviews on the products that have been purchased from our website. Any activities other than those prescribed on the website will be considered illegal, and legal action can be taken in an instance where one violates our terms of use. When using our website, ensure you conduct yourself most respectfully to ensure that our staff has the easiest time meeting your expectations. Vulgar and inappropriate language is considered illegal, and action can be taken against this individual. The Site is designed to facilitate the purchase, sale, and communication with our Sellers regarding their orders.

31. PROHIBITED ACTIVITIES

The infrastructure utilized to supply the content and information on the website, as well as the data, information, text, music, sound, pictures, graphics, videos, maps, icons, or other material, are owned by BaakMart or are under license to BaakMart from third parties. Except for your content, you agree not to alter or change in any way, any information, software, or services accessed from or through the website, nor copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell, or resell such information, software, or services. The following actions are also prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services.
• Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission. “Frame,” “mirror,” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by BaakMart in connection with the services.
• Circumvent, disable, or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content.
• Download any content unless it’s expressly made available for download by BaakMart.

 

32. DISCLAIMER OF WARRANTIES

BaakMart provides and maintains the website on an “as is,” “as available” basis due to the nature of the Internet and makes no guarantees that usage of the website will be uninterrupted or error-free. If we are unable to offer our Internet services due to an event outside of our control, we are not liable to you.

Links to other websites not under our control or maintenance may occasionally be found on our website. We offer these links for your convenience and are not liable for the information on linked websites.

We cannot supply any express or implicit, statutory, or other terms other than those mentioned above, and any such terms are hereby excluded to the fullest extent authorized by law.

If you use the website in violation of these terms, you are responsible for any violations committed by you, and you agree to hold BaakMart harmless and pay any damages or losses incurred as a result.

If any obligation under this Agreement is not performed due to an unforeseen event beyond BaakMart’s reasonable control, such as, but not limited to, internet outages, communications outages, fire, flood, war, or any uncontrollable act of nature, BaakMart shall not be liable in any way for such failure.

These terms do not affect your statutory rights as a consumer, which are available to you.

To the fullest extent permitted by law, subject to the aforementioned, BaakMart disclaims all liability for any loss or damage of any kind, however arising, including without limitation any direct, indirect, or consequential loss whether or not such arises out of any issue you notify BaakMart of. BaakMart shall also have no obligation to provide any monetary compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website, or from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a Seller’s computer equipment, software, data, or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from BaakMart.
• All representations, warranties, conditions, and other terms which but for this notice would have an effect.

 

33. ELECTRONIC COMMUNICATIONS

BaakMart disclaims all liability for any failed, incomplete, or jumbled computer transmissions, telephone, cable, network, electronic, or internet hardware or software malfunctions, failures, connections, or availability, as well as for any cleaner Seller actions or inaction, internet accessibility or availability, traffic jams, unauthorized human acts, and any mistakes or errors.

34. INDEMNIFICATION

You agree to defend and indemnify BaakMart from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party. Your use of the services.

35. CHANGES AND TERMINATION

The website and these terms are subject to change at any moment, at our sole discretion, and without prior notice. You are in charge of staying up to date on these conditions. Any modifications to these terms are considered to be approved by you and will take the place of any prior versions if you continue to use the website. Unless otherwise stated, all modifications to these terms shall be effective immediately upon posting. Additionally, we reserve the right to end our relationship with you under these conditions at any time by giving you written notice (including by email).

36. INTEGRATION CLAUSE

This Agreement regulates your use of the Website and Services and, along with the Privacy Statement and any other Legal Notices published by BaakMart, constitutes the entire Agreement between You and BaakMart.

37. DISPUTES

The Seller agrees that any dispute, claim, or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services, shall be resolved by binding arbitration between the Seller and BaakMart, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute by communicating through our contact information. BaakMart may choose to send you a written offer after receiving your initial communication. If we decide to send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily, and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute, or controversy that may arise in connection with your use of the website and services.

The courts of the United States, specifically those in the State of Wyoming, shall have jurisdiction over any dispute, controversy, or claim relating to BaakMart and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically in the State of Wyoming.

38. DISPUTE BETWEEN A BAAKMART SELLER AND A BAAKMART DISPLAYER OR BAAKMART AGENCY

In the event of a dispute between a BaakMart Seller and a BaakMart Displayer or a BaakMart Agency, the initial course of action is for both parties to attempt resolution through direct communication. If such efforts prove unsuccessful, they have the option to initiate a dispute using the designated platform.

Once a dispute is raised, BaakMart’s customer support team will impartially assess the case and collect relevant information from both parties. Based on the provided details, they will make a fair decision on the dispute’s resolution, and if necessary, may seek further information or clarification from either party.

It is essential to emphasize that BaakMart promotes respectful and professional communication among all users during the dispute process. Both parties are encouraged to provide supporting evidence for their claims to ensure a just and equitable resolution.

39. FINAL PROVISIONS

The laws of the United States govern these terms and conditions. Use of the website and services is not authorized in any jurisdiction that does not give effect to all of the provisions of these terms. All communications made or notices given pursuant to this Agreement shall be in English.
Nothing in these terms limits our ability to abide by law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use. Our performance of these terms is subject to existing laws and legal processes.

If any part of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

40. CONTACT INFORMATION

If you have any questions or concerns about these terms, please contact us through our contact forms or the following contact information:
BaakMart LLC.
info@baakmart.com