ÿþ<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml"> <head> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" /> <title>Fusion Shoppe</title> <style type="text/css"> <!-- .style1 {font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 10px;line-height:15px;} .style2 {font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 12px} .style3 {font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 10px; } --> </style> </head> <body> <span class="style2"><b>Merchant Membership Terms and Conditions</b></span> <div class="style1" align="justify"> <br /> Membership is subject to timely realization of membership fee and any other discretion of the management. We hereby agree with the following terms and conditions and accept to become a merchant at  Fusion Shoppe . <br /> <u>For General Merchant:</u> <br /> Merchant listed under the directory section in www.fusionshoppe.com will be termed as  General Merchant .  Fusion Shoppe holds the rights to display merchant information that is provided by the merchant like logo, company name, brand name, address, contact, email, website and voucher/coupons (if any) on www.fusionshoppe.com. The cost of such listing for a period of twelve months starting from the day the account is activated. General merchant membership fee may or may not vary each year at the time of renewal. For Special Merchant: Merchant eligible for selling their products internationally in www.fusionshoppe.com will be termed as  Special Merchant . Special merchant will pay one-time registration fee mentioned on the registration form plus 10% commission on sale proceeds for products sold on www.fusionshoppe.com. <br /> 1. The merchant possess the license to sell worldwide, as required by the merchant s country.  Fusion Shoppe is not responsible for any legal action regarding license of sales or export. <br /> 2. Any delay in delivery of products sold through  Fusion Shoppe , over and above the stated stipulated delivery period agreed at the time of registration, the loss will be borne by the merchant. <br /> 3.  Fusion Shoppe is not responsible for any loss, damage, return, and warranty for any product of any merchant. If any financial or legal damages that occur in course of time for the same, will be borne by the merchant. <br /> 4. Payment will be transferred to merchant subject to timely delivery of order and realization of payment from client/customer. There may be a credit period in payment to merchant. <br /> 5. The merchant will also be provided online statistics about the visitor traffic, product review, and sales revenue. <br /> 6. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. An email will also be sent to the merchant informing the same. <br /> 7. In order that a legally binding contract can be formed between  Fusion Shoppe and a merchant, the merchant is accepting the Terms and Agreements unconditionally by registering to become a merchant. <br /> 8. Any person agreeing to use  Fusion Shoppe services as a seller/merchant must register either online/written form with us and opt the type of membership. You may only register as a merchant if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your Fusion Shoppe account, User ID, Password, Personal Information, may not be transferred or sold to another party. <br /> 9. Before listing an item, you should review  Fusion Shoppe fees to ensure you are aware of the fees you will incur. Currently, currency and unit of weight would be  US Dollars and  Lbs Pounds respectively at  Fusion Shoppe . <br /> 10. You acknowledge that  Fusion Shoppe does not see or examine items that are listed for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Fusion Shoppe will not accept or assume any liability whatsoever in respect of the Item. <br /> 11. No warranty of completion of sale. <br /> 12. You acknowledge that  Fusion Shoppe makes no representation as to the ownership of title in items or as to the ability of either a Buyer or Seller to complete a transaction. Further,  Fusion Shoppe does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any Item. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretense or persons having no contracting capacities. <br /> 13. Non compliance or violation of  Fusion Shoppe terms and conditions would lead to termination of this contract.  Fusion Shoppe holds the right to terminate the merchant agreement at any point in time, for any valid reason or dispute of any kind. <br /> 14. As merchant, you must ensure that the item being offered for sale is accurately described and available in sufficient quantity. The item(s) sold may or may not be returned/exchanged depending on agreement of the seller. All requests for return of the item shall be made directly to the seller concerned and  Fusion Shoppe shall not be responsible for processing such requests. No warranty of identity of persons. <br /> 15. Merchant must specify their return and exchange policy at the time of registration and adding new products for sale.  Fusion Shoppe will not take responsibility of the same. <br /> 16. The method and time duration of delivery of products ordered by international customers is based on the arrangements set by the seller/merchant at the time of registration.  Fusion Shoppe does not take responsibility of loss/damage/any other liability for delay in delivery. <br /> 17. You acknowledge that  Fusion Shoppe cannot and does not confirm the identity of each online user and does not accept responsibility for any loss or damage, however caused (including through negligence) In case of any dispute between users or any dispute arising from the use of the Services,  Fusion Shoppe shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. <br /> 18. As merchant, you shall not offer for sale any item: which you are not legally able to sell, or which you cannot sell to the buyer free from all charges, liens and encumbrances; the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise; which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise; which is obscene or contains child pornography. <br /> 19. By offering the item for sale on www.fusionshoppe.com, you as seller/merchant, are warranting and undertaking to  Fusion Shoppe and all buyers that: you do not and will not engage in the forbidden dealings set in the above; the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, has the right to suspend or terminate your account without any compensation. <br /><br /> No Warranties <br /> 1. Site is provided by  Fusion Shoppe on an "as-is" basis and the only obligations on  Fusion Shoppe are set out in this Agreement. You agree that  Fusion Shoppe will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Site or in respect of a failure or omission on the part of a seller/merchant to complete a sale. <br /> 2. The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and  Fusion Shoppe gives no warranty, expressed or implied, in connection with such facilities.  Fusion Shoppe will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities. <br /> 3. Copyright in this website www.fusionshoppe.com (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by  Fusion Shoppe . Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C'th) and except as expressly authorized by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialize any information, products or services obtained from any part of this website www.fusionshoppe.com without  Fusion Shoppe prior written permission. <br /> 4. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party. <br /> 5. Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between  Fusion Shoppe and any Seller, Bidder or Buyer or other Users of this Site or the Services. <br /><br /> Notices <br /> 1. Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the user to  Fusion Shoppe during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively,  Fusion Shoppe may give notice to the User by pre-paid ordinary post to the address provided to  Fusion Shoppe during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing. <br /> 2. Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly.  Fusion Shoppe does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you. <br /><br /> Disclaimer of warranties <br /> You agree that use of the  Fusion Shoppe site and the service is entirely at your own risk. The  Fusion Shoppe site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law,  Fusion Shoppe disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the  Fusion Shoppe site and the service. To the fullest extent permitted by law,  Fusion Shoppe disclaims any warranties for other services or goods received through or advertised on the  Fusion Shoppe site or the sites or service, or accessed through any links on the  Fusion Shoppe site. To the fullest extent permitted by law,  Fusion Shoppe disclaims any warranties for viruses or other harmful components in connection with the  Fusion Shoppe site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. All legal matters will be under the jurisdiction of the Wayne County, MI judiciary. <br /> </div> </body> </html>