Store Seller Agreement
The Site is operated by Droneflux, Inc. (“Droneflux”), which reserves the right to make changes to this store seller agreement at any time. Changes to this store seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our store will constitute your agreement to the new store seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our store. Changes to the store seller agreement may occur without notice to you.
Droneflux provides an online service that allows third party sellers to sell their products to buyers. Droneflux does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.
You must login with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the store. You may not share your password with anyone. 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. Droneflux 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.
Listing items for sale in the Droneflux Store is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our store. To list items for sale you must supply your name, address, phone number, email address, PayPal information for payments, and agree to the store agreement.
For all items sold through its store, Droneflux charges a fee based on a percentage of the sale price, as set forth under the document entitled Fees. The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. Please view the Fees page to view the latest fee structure. By listing an item for sale in our store, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your bank account. By listing an item for sale on the Site, you authorize Droneflux to debit your bank account for amounts due.
Droneflux requires you to provide timely support to the customers of our store, please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs. Please answer all customer questions related to the Droneflux store within two business days. You are also required to notify Droneflux 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. Do not contact customers directly unless replying to a question alerting them of an order status update, or responding to a complaint.
All orders should be shipped to customers within 48hrs. Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. 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 sellers may be limited in a manner that allows them to make a certain amount of transactions within a given time at the sole discretion of Droneflux. Store transactions must take place between two different individuals, organizations or entities. Droneflux reserves the right to refuse service to anyone at any time for any reason.
Droneflux determines which products to offer for sale in the store. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the store may change without notice to users of the store. Please be sure to check the Seller FAQs for guidelines on acceptable listings.
Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our store you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date. Failure to ship by the provided date may be grounds for termination of your Account.
After a Completed Sale occurs Droneflux credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed. To receive funds, you must provide PayPal account information. Payments will be made in U.S. Dollars.
As a security measure, Droneflux may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Droneflux will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.
If Droneflux reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this store agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this store agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.
It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Droneflux may provide tools that allow a user to charge sales tax on transactions, but Droneflux will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Droneflux is not responsible for determining when tax should be charged.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this store seller agreement and the Droneflux Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You 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 Droneflux store purchases, using functionality we enable for your account, and will route all such payments through Droneflux. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Droneflux to seller under this store agreement or seek reimbursement from seller via any of the means authorized under this store agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Droneflux Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
The seller can terminate participation in our store at any time by written notice to Droneflux. Droneflux reserves the right to terminate a seller’s participation in the store at any time for any reason at its sole discretion, with or without notice to seller. Droneflux reserves the right to monitor user accounts to determine if policies or laws are being broken. Droneflux reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay Droneflux any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.
Droneflux reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by Droneflux to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with store purchases from seller’s account for a prospective three-month period. At the end of such three-month period following termination, Droneflux will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this store agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
The Droneflux store is provided as is and without warranty. Droneflux makes no warranties of any kind, expressed or implied. We strive to provide our store 24 hours a day 365 days a year, but we do not guarantee our store will always be available. Droneflux will not be liable for any loss due to our store not being available. Droneflux will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
Droneflux may refuse service to anyone for any reason. Droneflux may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. Droneflux will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with a payment transaction through our store, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. Droneflux reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer’s credit card issuer for the amount of the buyer’s purchase from the seller. Droneflux may obtain reimbursement of any amounts owed by the seller to Droneflux by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller’s credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Droneflux 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: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this store agreement; or (ii) 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.
DRONEFLUX 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 STORE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE STORE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Because Droneflux is not directly involved with transactions between buyers and sellers, you agree to release Droneflux from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution.
Any claim against Droneflux in relation to our store shall be adjudicated in a court in Orange County, California and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by California law, without regard to conflict of laws principles thereof.
By agreeing to the store seller 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.
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 Droneflux does not constitute a waiver of Droneflux’s right to enforce such section or any other section in the future.