RedOystor.com (the “Site”) provides its authors, content producers and product suppliers with a managed marketplace –the RedOystor online store (redoystor.com/shop-online) to promote and sell their work – books, e-books, t-shirts etc.
As an Author, Content Producer or Product Supplier – you will be known as a vendor on the Site and will be allocate a vendor account with login details and sales tracking.
In order to sell items on RedOystor online store (the “store” or “marketplace”) you must agree to the marketplace agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this marketplace agreement.
The Site is operated by RedOystor Media (Pty) Ltd. (“RedOystor”), which reserves the right to make changes to this marketplace agreement at any time. Changes to this marketplace agreement are effective when the changes are posted to the Site. Continuing to sell items the Store will constitute your agreement to the new Marketplace Agreement. It is your responsibility to review the changes and decide if you want to continue to use RedOystor. Changes to the marketplace Vendor agreement may occur at any time and without notice to you.
THE MARKETPLACE
RedOystor provides an online service that allows its Authors, Content Providers and Product Providers to sell their products to buyers. RedOystor does not act as the agent for either buyers or seller. Our service provides a platform for these transactions to take place through a managed market place.
ACCOUNT SET-UP
You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of buying or selling on the marketplace. You are responsible for protecting your password. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. RedOystor is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
ELIGIBILITY REQUIREMENTS
Listing items for sale on the “store” is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on RedOystor.com. To list items for sale you must supply your personal or company/vendor details and be verified by the vendor marketplace manager – RedOystor.
The vendor must be an Author, Content Producers or Product Supplier of RedOystor at the time of entering into this agreement. Should you terminate your agreement as an Author, Content Producer or Product Supplier to RedOystor for any reason, then your access will be immediately suspended until you are reinstated.
Items listed on the store will be subject to publishing or supplier agreements with RedOystor as agreed with the Author, Content Provider and Product Supplier from time to time. Items sold on the “Store” may be produced by RedOystor or may be sourced on behalf of a producer or supplied by the provider as per standing agreement.
MARKETPLACE FEES
For all items sold through the “Store”, RedOystor charges the vendor a fee based on the percentage of the sale price of the item and the nature/type of the vendor – author, content producer or product supplier:
| Vendor Profile | Product Description | Percentage Fee |
| Author | e.g. Book or eBook | 45% |
| Content Producer | e.g. Training Program, Training Manuals, CD or DVD etc. | 35% |
| Product Supplier | e.g. T-shirts, Journals, gifts etc. | 15% |
Volume Incentive based on the greater of TOTAL current month sales revenue on vendor account or the number of items sold per vendor:
| Units Sold | Total Sales Revenue | Percentage Fee Discount |
| Less than 100 Units | Less than R15,000 | 0% |
| 101 to 250 Units | R15,001 to R37,000 | 1.5% |
| 251 to 500 Units | R37,001 to R75,000 | 2.5% |
| 501 to 1000 Units | R75,001 to R150,000 | 3.5% |
| 1001+ Units | R150,000 | 5% |
Platform fees are deducted before payments are made to the vendor and invoice sent on or about the first of each month for the previous month. Fees may change at any time with 90 days’ notice posted on the site. The fee schedule in effect on the date of sale of the item shall govern the transaction.
By listing an item for sale in the “store”, you agree to pay the applicable fees and any collection costs related to non-payment of fees.
REQUIRED COMMUNICATION
Where the vendor is responsible to fulfillment, RedOystor requires you to provide timely support to the marketplace customers. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the RedOystor.com marketplace within 48hrs if possible. You are also required to notify RedOystor.com when you change the status of an order.
Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change.
SHIPPING EXPECTATIONS
All shipping fees are included in your price. Where the vendor is responsible for fulfillment, all orders should be shipped to customers within the time-frame you have committed to in your item posting. If you have chosen self fulfillment in the case of a Product Supplier, it is your responsibility to deliver the items contained within an order to the Buyer.
VENDOR RESTRICTIONS
Vendors cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Furthermore, Vendor must meet all customer terms and conditions required by all applicable laws relating to the sale of items between buyers and seller. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of Vendors may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of RedOystor.
Marketplace transactions must take place between two different individuals, organizations or entities. RedOystor reserves the right to refuse service to anyone at any time for any reason. RedOystor reserves the right to prohibit the sale of any item in the marketplace. At RedOystor’s discretion, products may be removed at any time without notice. The way listings appear in the marketplace may change without notice to users of the marketplace (Buyers or Vendors).
Vendors are expected to only list items and quantities they are capable and willing to sell on the marketplace or as agreed to be made available by RedOystor within the delivery time frame specified. Vendors are required to sell items at the price they listed to customers that meet the Vendor’s terms. By listing an item on RedOystor.com you agree that you have the right to sell the item, that you have access to the item and that your description provided in your listing is complete and accurate.
Where the vendor has selected, self fulfillment, the vendors is required to ship an order by the provided shipment/courier service provider on the provided shipment date. Failure to ship by the provided date may be grounds for termination of your Account. At any point in time RedOystor reserves the right to require the Vendor to provide a “letter of supply” from the manufacturer.
In consideration of RedOystor waiving startup fees and extending NET30 payment terms to the Vendor, the Vendor agrees to not directly or indirectly compete with RedOystor and its successors and assigns by creating or having any ownership stake in a multi-Vendor marketplace for the duration of this agreement and for twelve months following the termination of this agreement. The vendor acknowledges that RedOystor shall or may in reliance of this agreement provide the Vendor access to trade secrets, customers, and other confidential data and that the provisions of this agreement are reasonably necessary to protect RedOystor and its good will. The Vendor agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.
PAYMENTS
When a buyer completes a purchase on RedOystor.com the Vendor will receive an email with a transaction summary and a link to a secure (PCI DSS Compliant) page on the RedOystor website containing the payment details including the primary account number (PAN), expiration date, and billing address.
RedOystor provides a payment gateway that collects and clears payments within 48 hours. Upon collection of funds RedOystor will transfer those funds to the vendor within the time selected by the vendor to receive funds – options of 48 hrs or weekly payout – with the understanding that more frequent payouts attract more transnational fees. The Vendor agrees to receive the funds less charges as per transcriptional fee structure.
TAXES
It is the Vendor’s responsibility to collect and remit any taxes associated with a transaction. RedOystor will not be held responsible for the collection or lack of collection of any taxes due to the use of RedOystor.com. RedOystor is not responsible for determining when tax should be charged.
RETURN POLICY
For all of your products the vendor will accept, and process returns, refunds and adjustments in accordance with this marketplace Vendor agreement. The buyer is subject to the Vendor’s return policy.
The Vendor will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with the Store marketplace purchases and where funds have been transferred to vendor, you will be required to work directly with your bank to process the necessary refund. Where funds have not been transferred, prompt arrangements with RedOystor should be made to facilitate the payment on your behalf.
You will promptly provide refunds and adjustments that you are obligated to provide and as required by law, and in no case later than thirty (30) days after the obligation arises. If the Vendor sends evidence of the return(s) to RedOystor, then RedOystor will provide credit on the following month’s invoice to the Vendor.
RedOystor manages returns for products supplied on behalf of vendors e.g. Books in line with our standard Refunds and Returns Policy Where applicable, RedOystor will calculate the value and cost of return, where the cost exceeds the value of the item on sale, RedOystor reserves the right to ship a replacement item without collecting the item not meeting the buyers expectations.
TERMINATION
RedOystor reserves the right to monitor Vendor accounts to determine if policies or laws are being broken. Any illegal or fraudulent activity may be reported by RedOystor to law enforcement or other third parties. Upon termination, Vendor must pay RedOystor any fees that were incurred prior to the effective date of termination.
WARRANTY
The RedOystor marketplace (RedOystor.com) is provided as is and without warranty. RedOystor makes no warranties of any kind, expressed or implied. RedOystor will provide best effort to ensure RedOystor.com is available 24 hours-a-day 365 days- a-year, but we do not guarantee RedOystor.com will always be available. RedOystor will not be liable for any loss due to RedOystor.com not being available. RedOystor will not be liable for any loss due to errors in our software or the software of others that we use.
INDEMNITY/LIMITATION OF LIABILITY
The Vendor is required to defend, indemnify and hold harmless RedOystor and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to:
- any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or
- your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
REDOYSTOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
DISPUTES
You agree to release RedOystor from claims, demands, and damages related to transaction disputes not directly related to the RedOystor platform. If a dispute arises, buyers and Vendors are expected to deal with each other to come to a resolution.
JURISDICTION
Any claim against RedOystor in relation to RedOystor.com shall be adjudicated in a court in the Republic of South Africa and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by South African law without regard to conflict of laws principles thereof.
CONTENT AGREEMENT
By agreeing to the marketplace Vendor agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
SEVERABILITY
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by RedOystor does not constitute a waiver of RedOystor’s right to enforce such section or any other section in the future.
SIGNATURES
An electronic signature is any electronic sound, symbol, or process that is related to an agreement and executed with the intent to sign that agreement. You agree that the process of including this document on the marketplace constitutes a binding electronic signature by RedOystor and that the process of clicking the Terms & Agreement checkbox during the account creation process represents your binding electronic Vendor signature.