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AGREEMENT FOR VENDORS: This Agreement for Designers (hereinafter referred to as the “Agreement”) is made by and between the following parties: AFRICWEARS a company with its office located at 35 cedarwood ct Staten Islam Newyork,hereinafter referred to as the “Company”) And you, a fashion designer uploading their African apparel designs to the Company's e-commerce website: https://africwears.com/ for sale to customers (hereinafter referred to as the “Designer”) NOW, THEREFORE, In consideration of the mutual promises and undertakings made by the parties herein, the Company and the Designer (individually, each a “Party” and collectively, the “Parties”) agree to the following terms and conditions: Terms and Conditions 1. Sales and Pricing. The Parties hereby agree and acknowledge that the Company shall pay the Designer 85% of the total sales price for each item sold through the Company's website. The Company shall retain 15% of the total sales price as commission. The Company shall determine the final sale price of each item, taking into account production costs, market trends, and other relevant factors. The Designer shall provide input regarding the base cost and recommended retail price for each item. The method of payment for all transactions associated with this Agreement shall be via ____________________ (e.g. PayPal) 2. Duration and Termination. Duration: This Agreement shall begin upon the Designer agreeing to this Agreement by checking the relevant box below and will continue until terminated. Rights to Terminate: This Agreement can terminate if either party provides [INSERT time period - e.g. 30 days] written notice to the other party or the parties mutually agree by written consent to the termination of this Agreement. Effect of Termination: Upon termination, the Company shall cease marketing and selling the Designer's apparel, and any remaining inventory shall be returned to the Designer at the Designer's expense. 3. Quality Assurance. The Designer warrants that all materials used in the creation of the apparel are of high quality and match the description and images provided. In the event that the materials or quality of the apparel are deemed to be less than described or shown, the Company reserves the right to return the item to the Designer at the Designer's expense. 4. Indemnification of Legal Fees, Out-of-Pocket Expenses and Liability for Breach. If any Party breaches this Agreement, the non-breaching party shall be compensated by the breaching party for its reasonable legal fees and out-of-pocket expenses which in any way relate to the breach of this Agreement. The Parties acknowledge that compliance with this Agreement is necessary to protect the goodwill and other proprietary interests of the Parties and that a breach of this Agreement will also give rise to irreparable and continuing injury to the non-breaching Party. Therefore, each Party agrees that breach of this Agreement will give the right to the non-breaching Party to seek damages for any losses and damages incurred as a result of breach of this Agreement and/or in connection with such violation. 5. Warranties. Each Party warrants that each has the authority and power to enter into and perform the obligations agreed upon in this Agreement. Both Parties hereby warrant and represent that they will comply with all relevant laws and regulations associated with this Agreement. Each Party hereby warrants to act with integrity and with an ethical manner without deceiving or misinforming the other Party. 6. Delivery Duration. The Designer agrees to fulfill orders within the timeframe specified by the Company, typically within 1 days from the date of purchase. Failure to meet delivery deadlines may result in penalties or termination of this Agreement. 7. Intellectual Property. The Designer retains all rights to their designs and intellectual property. The Company is granted a non-exclusive license to display, market, and sell the Designer's apparel on its website. 8. Force Majeure. Neither party shall be responsible or liable for or deemed in breach of this Agreement because of any delay or failure in the performance of this Agreement due to any event or circumstance, which the occurrence and the effect of which the party affected thereby is unable to prevent and avoid, including, without limitation, acts of God; pandemics, government regulation, curtailment of transportation facilities, strikes, lock-outs or other industrial actions or trade disputes of whatever nature (whether involving employees of a party or a third party), terrorist attacks, haze, sabotage, riots, civil disturbances, insurrections, national emergencies (whether in fact or law), blockades, acts of war (declared or not), etc. (a “Force Majeure Event”). The non-performing party shall give the other party written notice describing the particulars of the Force Majeure Event as soon as possible. 9. Assignment. Neither Party shall assign any rights or obligations associated with this Agreement. 10. Governing Laws. This Agreement shall be governed by the laws of USA Any disputes that are arising between the parties must be settled in a competent court in USA 11. Entire Agreement. This Agreement represents the entire agreement between the Parties, completely replacing any other previous written or verbal agreements concerning the relationship of the Parties. 12. No Variation Unless in Writing. No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each of the Parties or by their duly authorized representatives. 13. Severability. If any Clause, or part of a Clause, of this Agreement, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the Clause or Paragraph which contains the relevant provision shall not be affected, unless otherwise stipulated under applicable law. If the remainder of the provision is not affected, the Parties shall use all reasonable endeavors to agree within a reasonable time upon any lawful and reasonable variations to the Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the Clause, or the part of the Clause, in question. This Agreement has been signed by the duly authorized representatives of the Parties as of the date set forth below. This Agreement shall be binding on each Party’s representatives, assigns and successors. Nothing contained within this Agreement shall create an employer and employee relationship between the Parties. By clicking and checking the box below, the Designer acknowledges that they have read, understood, and agreed to abide by the terms and conditions set forth in this Agreement. I, hereby confirm that I accept these Terms and Conditions.*
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