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SELLER'S AGREEMENT FOR LISTING ON THE TATTOO WINE BLOCKCHAIN E-COMMERCE PLATFORM

These terms and conditions apply to sellers who wish to list Wine Products on the TATTOO Wine blockchain e-commerce platform operated by BLOCKCHAIN WINE PTE. LTD. (the "Platform") and shall apply to you in addition to the General Terms of Use of the TATTOO Wine blockchain e-commerce platform (the "General Terms"), accessible [here] [TSMP: Insert URL]. Capitalised terms not defined in this terms and conditions have the meanings ascribed to them in the General Terms. These terms and conditions shall prevail in the event of any conflict with the General Terms. For the avoidance of doubt, these terms and conditions shall apply to you in addition to the General Terms.

  1. GENERAL
    • 1.1 You are responsible for the authenticity, accuracy, content and legality of the listing and Wine Products offered on the Platform.
    • 1.2 If you upload any content that violates any of our policies, we reserve the right to delete such content.
    • 1.3 We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including but not limited to:-
      1. buyer's location, search query, browsing site, and history;
      2. product's location, listing format, price and shipping costs, terms of service, history, and relevance of the user query;
      3. number of listings matching the buyer's query.
      Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  2. RIGHT TO SELL
    • 2.1 You must be permitted to offer, promote and sell the Wine Product on the Platform (i.e. you must be the owner of the Wine Product and have the right to deal in the Wine Product).
    • 2.2 The listing and sale of the Wine Product on the Platform must be in compliance with all applicable laws. As the seller of the Wine Product, it is your responsibility to ensure that you do not present customers with offers for your Wine Products unless you have confirmed that you are permitted, under all applicable laws, to sell and deliver the Wine Product to all potential customers.
    • 2.3 The Wine Products listed on the Platform must not be counterfeit and must not infringe upon any third party's intellectual property rights.

  3. LISTINGS AND LABELLING
    • 3.1 You will list Wine Products onto the Platform using the primary language and the currency of the Platform on which you are registered to sell.
    • 3.2 You will upload information pertaining to the Wine Products you wish to list on the Platform, and to the best of your knowledge, you must ensure that:-
      • 3.2.1 you provide a fair, accurate and complete description of each Wine Product listed on the Platform, including your price for the item;
      • 3.2.2 each Wine Product must have its own listing; and
      • 3.2.3 your listing for a Wine Product may only include text, descriptions, graphics, images and other content relevant to the Wine Product.
    • 3.3 All content contained in a listing must be true, complete, up to date, accurate and not misleading in any manner whatsoever.
    • 3.4 All content uploaded onto the Platform must not infringe or violate any applicable laws and regulations or any third party intellectual property rights. You will be solely responsible for the content uploaded onto the Platform.
    • 3.5 You acknowledge that due to the mechanism involved in the operation of the Platform, you may not be able to amend any information that had been incorrectly uploaded, and any damages or costs or similar losses suffered arising out of or in connection with the incorrect information shall not be indemnified by us and shall be borne by you as the seller.
    • 3.6 All descriptions contained in the labels attached to the Wine Products must not be false or misleading in any manner whatsoever.
    • 3. 7 All labels attached to the Wine Products comply with the labelling requirements of the relevant jurisdictions. You will be solely responsible for the labels attached to the Wine Products.

  4. ACCEPTED OFFERS
  5. If you have accepted a buyer's offer for Wine Products on the Platform:-
    • 4.1 you agree to ship the Wine Product or otherwise complete the transaction with the buyer in a prompt manner;
    • 4.2 you may charge reasonable shipping and handling fees to cover the costs for packaging and delivery of the Wine Products; and
    • 4.3 you may not alter the Wine Product's price after an offer is accepted, or misrepresent the item's location and/or price.

  6. APPLICABLE CHARGES
    • 5.1 Your listing will include all applicable charges and taxes (including customs duties and excise tax, etc.), and you will provide the necessary invoices to the buyer of your Wine Product upon his/her request.
    • 5.2 You are solely responsible for:-
      1. determining whether any taxes apply;
      2. accounting for any taxes due; and
      3. reporting to the appropriate tax authority
    • 5.3 You agree and acknowledge that we charge a service fee amounting to 10.0%(or such other rate as we may determine in our sole discretion) on the price payable by the buyer on each transaction made by you as a seller on the Platform.
    • 5.4 You confirm and agree that we will automatically increase a service fee according to the rate in Article 5.3 to the price you list.
    • 5.5 You acknowledge and will pay costs (if any) associated with payment services / payment processing.

  7. SHIPPING
    • 6.1 You will provide customers with accurate information about the location from which you are shipping your product, as well as when the product will be shipped.
    • 6.2 You will provide an accurate shipping address in your seller profile and manage customer expectations by stating the actual shipping times from your location.
    • 6.3 You will be responsible for meeting the shipping expectations for the purchases made for your Wine Product(s) by shipping your products using shipping service options with features that meet or exceed those the buyer selected.
    • 6.4 You will specify shipping costs and related services charged in your listing, including, but not limited to the following:-
      1. actual shipping costs;
      2. handling costs;
      3. delivery confirmation and extra services; and
      4. taxes and government-imposed fees.
    • 6.5 You will ship your products within the handling time you state in your listing.

  8. REFUND & REPLACEMENT POLICY
    • 7.1 You agree to be bound by the Company's refunds and replacement policy as may be determined by the Company from time to time and undertake to do all such acts and things as may be required by the Company in furtherance of such policy.
    • 7.2 You acknowledge that the Company shall not be responsible for any damages or costs or similar losses suffered arising out of or in connection with refunds or replacements; any such damages, costs or similar losses shall be solely borne by you as the seller.

  9. INDEMNIFICATION
  10. You acknowledge that the Platform is an intermediary, and you hereby agree to defend, indemnify and hold harmless the Company (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation attorneys' fees, arising out or relating to your:-
    • 8.1.1 use of, or conduct in connection with, the Services;
    • 8.1.2 violation of these terms and conditions or any agreement incorporated by reference in these terms and conditions (including the General Terms); and/or
    • 8.1.3 violation of any rights of any other person or entity or of any laws and regulations including but not limited to anti-money laundering and countering the financing of terrorism laws and regulations.

  11. GOVERNING LAW AND DISPUTE SETTLEMENT
    • 9.1 This agreement and your role as a seller on the Platform shall be governed in all respects by the laws of Singapore.
    • 9.2 Any dispute arising out of or in connection with these Terms (and any additional terms and conditions and policies of the Company and/or the Platform), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the "SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator and shall be appointed in accordance with the SIAC Rules. The arbitration shall be conducted in English. The arbitral decision shall be final and binding on the parties.

  12. INDEPENDENT ADVICE
  13. In order to promote a safe, fair and enjoyable trading experience, you should consult your professional advisers to determine that:-
    1. you are permitted by applicable laws to sell and deliver the Wine Products to Users on the Platform; and
    2. you are not prohibited from offering and undertaking any after sales support to Users on the Platform.
    If you have any questions relating to these rules and regulations which are applicable to you as a seller, please contact our customer service officer at service@tattoowine.com

  14. LANGUAGE
  15. This agreement is in the English language and a Chinese translation has been provided to you for your reference only. In the event of any inconsistency between the English version and the Chinese version of this agreement, the English version of this agreement shall prevail.