SELLER TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS

By registering as a seller on this Platform ("Platform," "we," "us," or "our"), you ("Seller," "you," or "your") agree to be bound by these Seller Terms and Conditions ("Terms"), all applicable Platform policies, and all applicable laws and regulations. If you do not agree to these Terms, you may not use our Platform or offer products for sale.

These Terms constitute a legally binding agreement between you and Tekeno LLC ("Platform Operator" or "Company"). Your continued use of the Platform constitutes acceptance of any modifications to these Terms.

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

Key Definitions

• "Act of God" means an extraordinary and unforeseeable natural event beyond human control, such as earthquakes, floods, hurricanes, or pandemics.
• "Best Efforts" means the efforts that a prudent person desirous of achieving a result would use in similar circumstances to ensure that such result is achieved as expeditiously as possible.
• "Business Day" means any day other than Saturday, Sunday, or a day on which banks are authorized or required to close in Miami, Florida, United States.
• "Commercially Reasonable Efforts" means reasonable efforts that a party would undertake in the ordinary course of its business, taking into account factors such as cost, time, likelihood of success, and commercial benefit/burden.
• "Company Seller" means any business entity, corporation, LLC, partnership, or commercial organization selling products on the Platform.
• "Confidential Information" means all non-public information disclosed by one party to the other party, whether orally, in writing, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential.
• "Counterfeit" means a product that bears an unauthorized trademark, logo, or design intended to deceive customers into believing it is a genuine branded product.
• "Effective Date" means the date on which Seller first accepts these Terms by registering on the Platform.
• "Hazardous Materials" or "HAZMAT" means materials designated by regulatory authorities as posing an unreasonable risk to health, safety, or property when transported in commerce.
• "Individual Seller" means a private person selling products on a personal, non-commercial basis.
• "Intellectual Property" or "IP" means patents, trademarks, service marks, copyrights, trade secrets, design rights, moral rights, and other proprietary rights.
• "Material" or "Material Breach" includes breaches causing damages exceeding $5,000, affecting more than 5% of Seller's business volume, or breaches of core obligations.
• "New Product" means a product that is unused, unopened, in its original packaging, and has never been previously sold, owned, or used.
• "Platform" means the e-commerce marketplace operated by Tekeno LLC, including all websites, mobile applications, APIs, and related services.
• "Used Product" means a product that has been previously owned, used, opened, or is not in its original condition.

3. SELLER ELIGIBILITY AND REGISTRATION

3.1 Eligibility Requirements

To sell on the Platform, you must:

• Be at least 18 years of age and have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete business information, including business registration details, tax identification numbers, and valid contact information
• Maintain valid business licenses and permits required by applicable laws in your jurisdiction
• Comply with all applicable tax regulations and obligations
• Not be located in, operating from, or a national of any country subject to U.S. economic sanctions

3.2 Account Registration

• You must register for a seller account and provide all required documentation for verification
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• You may not transfer or share your account with any third party without Platform's prior written consent
• Multiple accounts for the same seller entity require prior written approval from the Platform

4. PRODUCT LISTINGS AND RESTRICTIONS

4.1 New Products Only - Company Sales

• Used products
• Refurbished products (unless explicitly approved by Platform in writing)
• Previously owned items
• Products with damaged, opened, or tampered packaging
• Products that have been returned by customers, unless returned in new condition
• Display models or floor samples
• Products with any signs of previous use or wear

4.2 Individual-to-Individual Used Product Sales

Used products may ONLY be sold in transactions between two Individual Sellers (person-to-person sales). Such transactions:

• Must not involve any business entity or Company Seller
• Must be clearly identified as "Used" or "Pre-Owned" in the listing
• Must accurately describe the condition of the item
• Must include clear photographs showing the actual condition
• Must comply with all applicable consumer protection laws

4.3 Prohibited and Restricted Items

Sellers shall not list, offer for sale, or sell any of the following:

4.3.1 Intellectual Property Violations

• Counterfeit items or unauthorized replicas of any brand, trademark, or copyrighted work
• Products that infringe upon patents, trademarks, copyrights, design rights, or any other intellectual property rights
• Unauthorized use of brand names, logos, or protected designs
• Products manufactured without authorization from the rights holder
• Pirated or bootlegged media, software, or digital content
• Unauthorized copies of books, music, films, software, or other copyrighted materials

4.3.2 Dangerous and Hazardous Materials

• Explosives, ammunition, firearms, and weapons (subject to local laws)
• Flammable liquids and gases
• Toxic or poisonous substances
• Radioactive materials
• Corrosive materials
• Oxidizing substances and organic peroxides
• Infectious substances and biohazards
• Items classified as Hazardous Materials under DOT regulations (49 CFR Parts 100-180)
• Any items prohibited from air transportation under IATA Dangerous Goods Regulations or ICAO Technical Instructions
• Lithium batteries (unless properly certified and packaged according to UN3480/UN3481 standards)
• Aerosols and pressurized containers (unless properly certified for transport)

4.4 Accurate Product Descriptions

Sellers must:

• Provide accurate, truthful, and complete product descriptions
• Use high-quality images that accurately represent the actual product
• Clearly state product specifications, dimensions, materials, and condition
• Disclose any defects, damage, or limitations
• Not use misleading titles, descriptions, or keywords
• Not make false or unsubstantiated claims about products
• Properly categorize products in appropriate categories

5. INTELLECTUAL PROPERTY PROTECTION

5.1 Seller's Intellectual Property Obligations

Sellers represent and warrant that:

• They own or have obtained all necessary rights, licenses, and permissions to sell the products listed
• Their product listings do not infringe upon any third-party intellectual property rights
• They have authorization from brand owners to sell branded products
• All product images, descriptions, and content they upload are original or properly licensed

5.2 Prohibition on Counterfeits

Counterfeit products include:

• Products bearing unauthorized trademarks or logos
• Imitation products designed to appear as authentic branded goods
• Products falsely labeled as genuine when they are not manufactured or authorized by the brand owner
• Products that copy protected designs or patents

6. PROHIBITED ACTIVITIES

6.1 No Web Scraping or Data Mining

6.2 Prohibited Commercial Practices

Sellers shall not:

• Manipulate product rankings, ratings, search results, or recommendation algorithms
• Engage in price manipulation, price fixing, collusion, or anti-competitive conduct with other Sellers
• Create, solicit, or incentivize fake, false, or misleading customer reviews or ratings
• Offer incentives (discounts, gifts, payments) for positive reviews or ratings
• Discourage or penalize customers for leaving honest negative reviews
• Engage in shill bidding, wash sales, or other fraudulent sales practices

7. PRICING, FEES, AND PAYMENTS

7.1 Seller Fees

Sellers agree to pay all applicable fees, including:

• Listing fees (if applicable)
• Commission or referral fees on completed sales
• Transaction processing fees
• Optional service fees (promoted listings, premium placement, advertising, etc.)
• Subscription fees for premium seller accounts (if applicable)

7.2 Payment Terms

• Platform will remit payment to Sellers according to the agreed payment schedule
• Platform may withhold payments for unresolved customer disputes, chargebacks, or policy violations
• Sellers are responsible for all taxes associated with their sales

8. ORDER FULFILLMENT AND SHIPPING

8.1 Order Processing

Sellers must:

• Confirm orders within two (2) Business Days
• Ship orders within the timeframe specified in the product listing
• Provide valid tracking information for all shipments where available
• Notify customers promptly of any delays or issues
• Use reliable shipping carriers with proven track records
• Package items securely to prevent damage in transit

8.2 Performance Standards

Sellers should strive to maintain:

• Order defect rate: < 1%
• Late shipment rate: < 4%
• Pre-fulfillment cancellation rate: < 2.5%
• Valid tracking rate: > 95%

9. RETURNS AND CUSTOMER SERVICE

9.1 Return Policy

Sellers must:

• Accept returns in accordance with Platform policies and applicable consumer protection laws
• Clearly state return policies in product listings
• Process returns within seven (7) Business Days of receipt
• Provide refunds, replacements, or store credit as appropriate
• Pay return shipping costs for defective, damaged, or misrepresented items

9.2 Customer Service

Sellers must:

• Respond to customer inquiries within twenty-four (24) hours
• Maintain professional, courteous, and respectful communication at all times
• Resolve customer complaints in good faith
• Cooperate fully with Platform customer service investigations
• Not retaliate against customers for complaints or negative reviews

10. TERM AND TERMINATION

10.1 Termination by Seller

Seller may terminate this Agreement at any time by providing fourteen (14) days' written notice to Platform.

10.2 Termination by Platform

Platform may suspend or terminate Seller's account immediately for:

• Sale of counterfeit, prohibited, illegal, or inherently dangerous items
• Fraud, material misrepresentation, identity theft, or other criminal activity
• Intellectual property infringement
• Violation of Hazardous Materials regulations
• Systematic failure to fulfill orders causing significant customer harm
• Violation of prohibited activities

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

12. CONTACT INFORMATION

Last Revised: 10/1/2025 | Version: 2.0.0
END OF SELLER TERMS AND CONDITIONS