Last Updated: Dec 24th, 2020

Table of Contents

1. Overview

Thank you for your interest in becoming a Retailer on the Peeba online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Retailer Terms of Service (“Retailer Terms”), the terms “Peeba,” “us,” and/or “we” refer to Kingmaker Limited. The terms “you” and/or “your” refer to you as a user of the Services as a Retailer. These Terms, along with Peeba's Terms of Service (the “General Terms”) and Privacy Policy, govern your purchase of goods as a Retailer through the Services. These Retailer Terms reference and link to various Peeba policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Retailer Terms. You hereby acknowledge and agree to terms and conditions the set forth below. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Retailer Terms, the word “include” or “including” means “including, but not limited to”.

2. Key Definitions

“Brand” means a seller (i.e., a brand) who offers to sell and/or sells its goods to Retailers through the Services.

“Retailer” means a buyer who purchases goods through the Services for the purpose of resale.

3. Account Registration – Retail Account

• Retailer Account. To purchase goods through the Services as a Retailer, you must register, create a retailer account and be approved by Peeba (“Retailer Account”), as further set forth in the General Terms. We reserve the right to deactivate your account if we find that you are in breach of these Retailer Terms, including in the event that you are selling products in non-Peeba approved locations or on other platforms other than Peeba (as further set forth in these Retailer Terms).
• Qualifications. To qualify for a Retailer Account, Retailers must have an online, brick and mortar or pop-up store that is open and ready for business (authorized subscription boxes and booths may also qualify in our discretion). You must also have, and upon request provide proof of, a valid reseller’s permit or equivalent documentation.

4. Product and Content Compliance

You acknowledge and agree that Peeba is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by Peeba's Product Guidelines and/or are not prohibited under Peeba's Product Guidelines; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labeling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (iv) are allowed to be sold from the Brand’s jurisdiction and/or into your jurisdiction; and/or (v) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Brands and their products. You hereby release Peeba from any liability with respect thereto, and agree to indemnify, defend and hold Peeba harmless for any claims as set forth in the Indemnification section below.

5. Orders

Prohibition on Fulfillment Using Third Party Websites. You agree to not fulfill orders on third party Business-to-consumer marketplaces, such as Amazon and Taobao. Certain brands on our platform may impose restrictions on selling their products on your own online store, Peeba will clearly indicate such brands on the marketplace and you agree to not sell their products online.

• Brand’s Minimums. Brands may specify a minimum dollar amount a Retailer must spend before a Brand is willing to sell to a Retailer (a “Brand’s Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Brand’s Minimum for first orders and reorders you place with them.
• Right to Refuse. You acknowledge and agree that Brands and/or Peeba may refuse to complete your purchase for any reason.
• Inventory. Peeba will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Peeba does not guarantee a Brand’s inventory or that there will be enough product to sell to you.
• Testers and Samples. Brands may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Brand. Please note that in the event you purchase testers, they are non-returnable and non-refundable.