Simpler Ways is a Service operating a Website intended to be a marketplace to equip all types of rolling homes. Anyone can request access to this Service as a Seller of home goods and outdoor gear designed for tiny living. If and when approved by Us, we want to make sure that you and your Buyers have a positive experience on Simpler Ways. Please read our Seller Policy below to learn more about your rights, as well as what is expected of our Sellers.

Last updated: July 21, 2021

Overview

Our Company develops and manages the website Simpler Ways, accessible via URL www.simplerways.co (hereafter designated “Service”). The Service is an online marketplace which connects Sellers and Buyers (as defined below) for the sale of Goods (as defined below) related to home goods and outdoor gear for all types of rolling homes. The Service acts as a trusted third party and connects Sellers and Buyers via the Service.

The Service allows the Seller to offer Goods for sale and receive Orders relating to the Goods to the Supplier pursuant to the terms and conditions set forth in this Agreement. 

Our Seller Policy covers Sellers rights when using the Service, as well as what is expected of them. The Seller Policy and our Terms of Service shall apply to all Orders for Goods in response to which the Seller provides the Goods to the Buyer to the exclusion of any other terms and conditions. 

The Seller Policy is part of our Terms of Service. By opening an account as a Seller, Sellers are agreeing to this Seller Policy and our Terms of Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Policy:

• Address means the address stated on each Order for delivery of the Goods to the Buyer.
• Account means a unique account created for You to access our Service or parts of our Service.
• Business Day means any day other than a Saturday, Sunday or bank holiday in the United States of America.
• Buyer means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service to purchase Goods offered for sale on the Service, as applicable.
• Country refers to: California, United States
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Simpler Ways LLC, 528 Ashbury Street #2, San Francisco, CA 94117.
• Goods refer to the products and services offered for sale on the Service.
• Orders mean a request by a Buyer to purchase Goods from approved Sellers through our Service.
• Price means the price of the Goods as charged by the Supplier to the Buyer.
• Product Page refers to the standalone page on the Service presenting a specific Good offered for sale by the Seller, whether a product or a service
• Sales Agreement refers to an agreement between a buyer and a seller to purchase any particular product or service or set of products and/or services engaged in as a singular transaction.
• Service refers to the Website.
• Seller means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, to sell Goods on the Service, as applicable.
• Terms of Service (also referred as "Terms") mean the Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to Simpler Ways, accessible from www.simplerways.co
  Writing includes facsimile, transmission, electronic mail and comparable means of communication.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Basis of Purchase

Through the Website, Simpler Ways provides an electronic web-based platform for exchanging information between Buyers and Sellers of Goods on the Website. Simpler Ways additionally provides electronic web-based transaction platforms for Buyers and Sellers to place, accept, conclude, manage and fulfill orders for the provision of Goods online within the Website subject to these Terms.

However, for any Services, Simpler Ways does not represent either the Seller or the Buyer in specific transactions. Simpler Ways does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the Goods offered for sale on the Website or the ability of the Sellers to complete a sale or the ability of the Buyers to complete a purchase.

The Seller and the Service are responsible for the Product Pages posted on the Website and the information they contain, but the Supplier alone is responsible for the shipping timeframes posted on its Product Pages, the process of any Goods sales made via the Website and any potential Buyer’s claim resulting of these sales.

Management of the online catalog

Online catalog (third party service providers)

The online catalog on the Platform presenting all Goods destined to be sold, will either be automatically linked to the Seller’s catalog, or completed by the Seller itself, or completed by the Us, provided all the necessary information are shared beforehand by the Seller. In order for this last task to be done in a satisfying manner, it is necessary that the Seller continuously provides Us with updated information such as available stock. The stock information regarding Seller’s Goods being sold will continuously be updated by the Seller, and the Company will have online access to that information via a private access to a webpage (URL), through an online interface (API), via automated data flux (RSS or XML) or manually.

Following the automated notification of an order, the Seller will have 48 (forty-eight) hours to confirm a Buyer’s order. Exceptionally, if the Good is not available, the Seller will inform both the Buyer and the Service within 48 (forty-eight) hours following the Order. In this situation, the sales contract between the Buyer and the Seller will automatically be canceled and each party will be free of their obligations. The Buyer will be reimbursed for the unavailable Good. If the Buyer had purchased more than one Good, only the part of the contract involving the unavailable Good will be concerned. If the Good is available, the Seller will ensure the Good is sent within the delay indicated on the Product Page.

In case of failure of the online catalog

Our online store is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Sellers to sell the products and services to Buyers. Our online marketplace service is powered by Webkul Software Pvt. Ltd. (Registered in India) and integrated into Shopify Inc. Webkul Software’s Multi Vendor Marketplace App for Shopify provides Us with the online marketplace tools that allow Suppliers to manage their listings of Goods.

The Company is committed to ensure the Service is operating as intended and fully accessible, but its obligation only concerns the means regarding continuous access. The Company doesn’t guarantee the perennity and/or performance of the Website, which is hosted and powered by third party software entities.

The Company has the right to suspend, without notice, access to the Service, temporarily or definitively. The Company may do so, amongst other reasons, for maintenance, updates and in case of emergency. Such suspension, temporary or definitive, does not engage the Company’s responsibility, and will not give right to indemnity of any sort to the Seller.

As a consequence, the Company may not be held responsible for any financial or reputation loss as a result of the suspension of the Service.

The Company cannot be held responsible:

1. in the case of damages caused by the Seller, third parties or in the case of force majeure
2. in the case if indirect damages, being defined in a non exhaustive manner as operating loss (revenues or benefits), opportunity loss, data loss, image and reputation prejudices, business and economical prejudices, the Seller’s eventual cessation of activity

With the exception to the aforementioned cases, the Company can only be responsible for direct and foreseeable losses suffered by the Seller using the platform, which resulted from the Company’s failure to honor their obligations. In the case of the Company’s liability towards the Seller being recognized by a legal ruling, it will not exceed the price of the Good as initially informed by the Seller, in the Order concerned by the legal ruling. The Company remains liable in application of the law, and will not be able to exclude or limit its liability in the case of any event for which it would be illegal for the Company to exclude its liability (eg in the event of grave or intentional error on its part, corporal prejudice).

Platform access suspension in the case of Seller neglect or misconduct

In the case of the Seller’s neglect of its legal or contractual obligations, with regard to either the Service or third parties, the Company can suspend the diffusion of the Seller’s Products. This suspension does not deliver the Seller of its obligations to continue executing their ongoing obligations with regard to the Service, the Buyers and third parties.

Images and Advertising

The Seller shall provide images of products to the Service to be used on its Website. 

The Seller retains all rights to all images of Goods provided and retains the right to prohibit the use of any and all images provided. The Company may not use any of the images contained within the provided photos for any other purpose other than to gain sales, which will be given to the Seller. 

The Company must not make any claims regarding the Goods other than those described in the approved Goods literature, posted by the Seller’s website, added to the Product Page by the Seller, or approved in advance in Writing by the Seller.

Price, Fees and Charges 

Price

The Price of the Goods shall be stated in the Order and, unless otherwise so stated, shall be:-

1. exclusive of any applicable value added / sales / services tax
2. exclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Products to the Delivery Address and any duties, imposts or levies other than value-added tax.

The Seller will also provide the Service with recommended retail prices for the Goods. The price the Company sells the Goods to the Buyers shall never be higher than the recommended retail prices. The recommended retail price can be changed by the Seller at any time upon notice.

Fee

There is only one fixed Service fee of 15.0% of Product Price, excluding VAT, sitewide. The Company has the right to modify the Service fee. In which case, the Company must notify the Supplier via email at least 30 days prior to changing the Service fee, which by default, will be deemed accepted by the Supplier.

Shipping

Customers bear the shipping cost, which is collected on the Service at check out.

Sales and Tax

The Company will be responsible for collection of tax on sales of product to Buyers. All fees payable by you to the Company under this Agreement are exclusive of any applicable taxes. For purposes of this Agreement, the term “taxes” means all sales taxes, taxes on goods and services, value added and consumption taxes, use taxes, excise taxes, import and export fees, regulatory fees, levies or similar charges and duties assessed or required to be collected or paid for any reason in connection with the promotion, offer, sale or fulfillment of any products by you in connection with the Service.

Delivery

The Seller will ship or have the Goods shipped under his sole liability and in respect with the conditions under the agreement with the Buyer. The Goods are to be delivered by the Seller at the address and in the time frame agreed upon in the Order, as stipulated in the Shipping conditions indicated on the Website (shipping options, timeframes and cost).

Upon receiving Order confirmation, the Seller has two (2) business days to ship the Goods to the Address shown in the Order. The Seller is expected to to respect this Shipping timeframe. The Products may be delivered by the Seller in advance of the quoted delivery date.

The Good must ship with:

• a printed purchase order related to the purchased Good, with all necessary and complete information regarding the Shipment, and the process for Good returns, and a full and valid mailing address should the Buyer needs to send the Good back to the Seller.
• an invoice related to the transaction to allow the Buyer to use the warranty as needed, and according to the law. It is required that the Seller uses the invoice auto-generated for each order via the Website, with the Company’s logo mark, and accessible through the Seller’s login page

The Goods shall be marked in accordance with any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.

Failure to comply with this section can be a basis for suspension or cancellation of a Seller’s account.

Quality

The Seller will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Service.

The Seller shall maintain main quality, specification control, testing and inspection procedures ("Procedures") to enable the Seller to consistently comply with its obligations under each Order and this Agreement.

Returned Goods

All Goods shipped to the Buyer by the Seller are to be new and first quality. 

The Seller will provide a 30-day return policy during which a Buyer may return a Good that is undamaged, unworn, and unused with tags still attached. The Seller will also provide a return/refund policy for any damaged or defective Products as long as any claims are placed within the agreed-upon 30 days of the Good being received. The Seller will not provide any policy for any claims placed on a Product after 30 days of being received. 

The Buyer will not be obliged to return to the Seller any packaging or packing materials for the return of Goods.

No returns or credit requests will be accepted after 30 days of the Order date.

Cancellation requests must be e-mailed. If a cancelled order is shipped in error, the Company is responsible to contact the Buyer, and have the shipment returned to Seller. Before credit can be given, proof of cancellation must be produced and product returned. 

Risk and Property

Risk of damage to or loss of the Goods shall pass to the Buyer:

1. in the case of Goods to be picked up at the Seller’s premises, at the time when the Goods are handed to the Buyer or its carrier; or
2. in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Company / Buyer has provided a bad Address, the time when the Seller has tendered delivery of the Goods.

The property in the Goods shall pass to the Buyer upon delivery. 

Warranty

The Seller warrants and represents that (subject to the other provisions of these conditions) upon delivery, and for a period of one (1) month from the date of delivery, the Goods shall:

1. be of satisfactory quality;
2. comply with the specifications and any technical standards (including quality assurance specifications and description particulars) and other requirements provided by the Vendor;
3. not infringe any person’s Intellectual Property Rights or other rights.

The Seller warrants and represents to the Company on acceptance of each Order and at all material times that:

1. it has the capacity to enter into each and every Sales Agreement on its own behalf and on behalf of its affiliates (as applicable under these this Agreement) and has the right and authority to sell the Products to the Buyer in the country where the Buyer is having the Goods delivered;
2. it has complied with all applicable regulations or other legal, ethical requirements concerning the manufacture, packaging and delivery of the Products including, but not limited to, all the applicable safety, environments, humanitarian and export regulations of and ; and
3. it has the right to sell the Products free from all encumbrances and that the Buyer will enjoy quiet possession of the Products.

Exclusion from Liability

The Warranty is subject to the following conditions:

1. the Seller shall be under no liability in respect of any defect in the Good arising from any drawing, design or specification supplied by the Company;
2. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
3. where any valid claim is made by the Company hereunder, the Seller shall, repair or replace the defective Goods, free of charge, or refund to the Company the price of the defective Goods, but the Seller shall have no further liability to the Buyer in respect of such claim.

No officer or employee of the Seller shall be liable to the Company in any circumstances for any loss, expense or damage of any kind (direct, indirect, financial or consequential and whether arising from negligence or otherwise) arising from any act or omission of his during the performance of his employment or other duties.

Company is in no way responsible or liable for the success of the Seller’s website, or the accuracy, content, or legality of its content and operation.

Intellectual Property

All copyright, patent, trade secret and other proprietary and intellectual property rights in the Goods, and information which the Seller may provide to the Company or its agents in relation to the Goods, shall (as between the parties) at all times remain vested in the Seller or the manufacturer of the Goods, and the Company shall not acquire any intellectual property rights or licence relating to the Goods and may not copy or imitate the Goods.

If any claim is made against the Company that the Goods infringe (or that their use or resale infringes) the patent, copyright, design, trademark or other industrial or intellectual property rights of any other person, the Seller shall indemnify the Company against any liability incurred by the Company (including associated expenses reasonably incurred) in connection with the claim, provided that:

1. the Seller is given control of any proceedings or negotiations in connection with any such claim;
2. the Company shall give the Seller all reasonable assistance for the purposes of any such proceedings or negotiations;
3. except pursuant to a final award, the Company shall not pay or accept any such claim or compromise any such proceedings without the consent of the Seller (which shall not be unreasonably withheld); and
4. the Company shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Company may have in relation to such infringement, and this indemnity shall not apply to the extent that the Company recovers any sums under any such policy or cover (which the Vendor shall use its best endeavours to do).

Goods bearing any registered or unregistered trademarks or any other marks, brands, logos or designs owned by or licensed to the Company (“Simpler Ways") must only be sold through the Simpler Ways Marketplace. Where Goods have been rejected or not taken up by the Company, the Seller must obtain the prior written consent of the Company to sell such Goods to or through a third party. Consent may be given on any terms specified by the Company. If such consent is given, then the Seller must remove all Company Branding and all references to the Company’s trademarks including swing tickets, tags, badges and all other labels from those Goods before they are offered for sale to a third party.

Confidentiality

During the course of business between Company and Seller, one party may make available confidential information concerning itself to the other party. The parties agree that the confidential information will be used solely for the purpose of conducting business between the Seller and the Company. The parties must not disclose or distribute any confidential information to any competitor of the other party or to any other third party without the express written consent of the other party.

The Seller’s confidential information includes but not limited to inventory levels, product features and pricing and anticipated new products, sales practices. All images of all products supplied by Seller, including images on Seller’s website are the exclusive property of Seller. The Company may use these images only in connection with the sale of Seller’s products and only in compliance with any policies or terms stated by the Seller. No other use or distribution is permitted, and Company may not use Seller’s images in connection with the sale of products from any person or entity other than the Seller. 

The Seller retains the right to terminate Company’s permission to use these images at any time and for any reason. Prices and product availability are subject to change without notice. The Seller cannot be responsible for typographical errors in the catalogue.

The Company's confidential information includes but not limited to the Company's financial, technological (Including designs, specifications, samples, know-how, materials, processes and other technical information), strategic or business information (including customer details) concerning its Website and business. In particular, the parties must ensure that all electronic communications are kept secure so as to prevent unauthorized access.

Contact Us

If you have any questions about the Seller Policy or our Terms of Service, You can contact us:
By email: legal@simplerways.co