Definitions
Okybox is a platform where you can sell your crafts and creative gift items directly or through gift boxes to buyers who want craft gift products or simply handmade products.
By opening a store on the Okybox platform, you accept these rules and our Terms of Use.
For the execution of this contract, the terms and expressions defined below are understood as follows:
Article: refers to the contractual document in which the parties agree on the definition of the products sold by the seller/artisan, its conditions of sale and reimbursement.
Box/Gift Card: document published by Oky&Co SRL under the OKYBOX brand regardless of the form and packaging, used by the customer in return for the delivery of the product by the seller.
Customer or Beneficiary: any person who buys a gift box and/or any person who obtains a product from the seller in return for payment/activation of a gift box in any form.
Seller: the signatory shop of this partnership contract that it represents.
Support: means any support on which the Seller's Products are likely to be integrated, as designated in this contract, which includes in particular the Gift Boxes, the Okybox E-Boxes and the website.
Article 1: object
The purpose of this contract is to define the terms and conditions under which Oky&Co, acting both in its name and for the OKYBOX brand, is entrusted, as a distributor, with a mission of finding Customers and promoting the Seller, for which it assumes all the costs. The partnership developed by Oky&Co is based on the issuance of Gift Boxes, given in exchange for the delivery of a product as contractually agreed with Oky&Co, in terms of content and value, on which Oky&Co negotiates a distributor selling price. The gift boxes are issued and distributed in the name and on behalf of the company Oky&Co and the seller provides the Beneficiaries with the products agreed in the Contract. No payment will be honored by Oky&Co before delivery of the products to customers.
Article 2 Treatment of customers and product quality
The quality of the Products is a determining element of the commitment of the Parties in this Contract.
The Seller undertakes in particular to deliver the Beneficiaries in the same way as its other customers.
The Seller also undertakes with Oky&Co, which receives Customer notifications, to provide a response to any reason for dissatisfaction of which it is the origin and to resolve any resulting disputes. The responsibility of Oky&Co, as a distributor, can in no way be sought in the event of damage caused by the seller to the Customer. The Seller therefore undertakes to guarantee Oky&Co to assume any claim for compensation related to the non-compliance of a product or a damaged package.
Any possible compensation for Customers made by Oky&Co resulting from the Seller's failure to deliver a product will be borne by the latter in the form of a partial or total deduction from the reimbursement by Oky&Co of the amount of its sales.
In the event of repeated breaches by the Seller of its obligations, Oky&Co reserves the right to terminate this Contract.
Article 3 Integration of a Seller's product in the Supports
Oky&Co has acquired real experience and know-how in the creation of original promotional materials by means of boxes and Gift Cards, whatever the form. The contract is signed between the Parties for each new sale.
The Seller is informed that several versions of the same Gift Box can be edited (in physical & dematerialized version).
It is specified that Oky&Co remains entirely free in the organization of the promotion of the Seller's products and the search for Customers. In particular, the Seller acknowledges that Oky&Co is free to integrate the Seller's products on one or more of its communication media, and on our various platforms (this list is not exhaustive).
Clause 4 Price
The Seller expressly accepts that the PVC price (customer selling price) of its product does not include delivery costs. It is specified that Oky&Co remains entirely free to set the final price of products to customers. Consequently, the price indicated on the site is the selling price of the seller + the shipping costs applied by Oky&Co.
Oky&Co therefore undertakes to provide the seller with a delivery label for each order placed by a customer on the platform. This label will allow the seller to deposit the package free of charge with one of Oky&Co's carriers. (Bpost, Colissimo & Mondial Relais)
Article 5 Availability of products
The seller agrees to update his shop in case of out of stock or unavailability of product. It may also offer new products in order to renew the products displayed on the site. Any non-updated out of stock could be problematic in the event that an order is placed.
Article 6 Financial conditions
The seller-supplier must list the selling price of each product without delivery costs in his shop. In the event of a sale on the Okybox platform, a 20% levy is applied to the customer sale price set by the Seller. Oky&Co undertakes to bear the delivery costs. In addition, the prices of the products set by the seller will be displayed with the delivery costs applied by Oky&Co.
Article 7 Intellectual property rights
The Seller authorizes Okybox and/or its subsidiaries to reproduce on all Supports, communicate by any means, and adapt all documents relating to the presentation of its products and its store such as photos, texts and brands and submits them to Oky&Co and /or its subsidiaries for the purpose of presenting its products (hereinafter the “distinctive signs”). This authorization also covers the right for Oky&Co and/or its subsidiaries to use the presentation documents to ensure, in general, the promotion of its offers regardless of the marketing media. This authorization is valid, both in Belgium and abroad, for the entire duration of protection of these documents by copyright and trademark law. The Seller warrants to Oky&Co that it is the holder of the rights defined above or that it is authorized to grant them and that it has acquired all the rights necessary for the uses referred to in this article from the persons appearing on the distinctive signs. . In the absence of delivery by the Seller, the latter authorizes Oky&Co and/or its subsidiaries to take photos of its products on the internet.
The Seller for its part may use the distinctive signs (logo and trademarks, whether or not registered or in the process of being registered, in particular) belonging to Oky&Co and/or to one of its subsidiaries, subject to prior written authorization from Oky&Co. On the other hand, the Seller is not authorized to acquire the keywords for referencing corresponding to trademarks registered or in the process of being registered: belonging to Oky&Co and/or to one of its subsidiaries.
Article 8 Oky&Co relationship, seller and customer
Oky&Co is responsible for the products present on its shop and the customers who will buy there. Customers will buy directly from the Okybox store, so the platform will receive payment for orders and must issue the invoice to customers. When the company receives an order via the store, an email will automatically be sent to the seller. This will provide the customer's name and address, this information will also be available on the site in the seller's seller account. The seller/craftsmen will deliver the package using the delivery label of the seller carrier. From then on, the seller will fill in the package tracking number available on the label in his seller account.
Article 9 Invoicing and payment of the Seller
Once a week, and subject to compliance by the Seller with the applicable payment procedure conditions as provided for in this contract, Oky&Co will draw up the list of payments to be made and will proceed to the payment, on the basis of the dates corresponding to the sales and deliveries. completed within 7 days.
Article 10 Non-compliant or damaged product
The Parties agree that products with defects or anomalies and alleging reasons for return duly justified by the customer will be reimbursed.
Reimbursement or replacement of the product will be requested by Oky&Co from the Seller. In both cases, the Seller will have to bear the delivery costs.
Article 11 Stocks and changes in situation
The Seller undertakes to communicate to Oky&Co any change in the situation related to its activity. He undertakes to notify Oky&Co as soon as a product is out of stock.
Article 1 2 Responsibility of Oky&Co
The responsibility of Oky&Co can in no way be sought in the event of damage caused by the Seller to the Customer. The Seller therefore agrees to Oky&Co to assume any claim for compensation related to the non-compliance of a damaged product or package.
Article 13 Substitution
Any assignment of the Seller's business or activity to a third party will necessarily result in the assignment of the benefit of this contract to said third party, it being specified that the beneficiary is required to inform Oky&Co beforehand of any assignment of the contract and/or right and obligation to any natural or legal person of his choice. In this case, Oky&Co will be free to request the early termination of the contract from the date of the transfer of the contract without penalties.
Article 14 Confidentiality
The Seller undertakes to maintain strict confidentiality with regard to the terms of this contract and all the information of which it has become aware during the execution of the contract. In the event of termination of the partnership contract for any reason whatsoever, the Seller undertakes to keep confidential the information mentioned above which he may have become aware of during the execution of this contract and this for 3 years. from such termination.
Article 15 Duration
These General Conditions are applicable throughout the period of validity of the contract, and will be renewable by tacit agreement for successive periods corresponding to the period of validity of your account on the platform, unless there is a prior and express request to close the seller's account. In any case, if the Seller wishes to terminate the Partnership Contract, he undertakes to retain all of his obligations and in particular to deliver to Customers under the quality and processing conditions provided for in Article 2. , until the closure of the seller's account.
Article 16 Entirety
This Agreement cancels and replaces all previous commercial relations between the Parties relating to the same subject.
Article 17 Early termination of the partnership for default
In the event of non-compliance by one of the Parties with one of its obligations under the contract, within 15 working days following the sending of a formal notice, and in particular in the event of non-compliance of the Products supplied by the Seller and/or non-compliance with the quality requirements relating to the Seller's products, the other Party may automatically terminate this contract, without notice or compensation.
Article 18 Applicable law and competent jurisdiction
The contract is subject to Belgian law. Any dispute relating to its interpretation, execution or breach will be subject to the full jurisdiction of the courts of Brussels.
The signing of this Agreement constitutes acceptance of the General Conditions of Partnership currently in force and which can be consulted on the previous pages.
