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Vendor Terms and Agreements

Vendor Marketplace Agreement In order to sell items on Latinflutes.com (the “Site”), you must agree to the marketplace Vendor agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this marketplace agreement. The Site is operated by Latinflutes.com (“Latinflutes.com”), which reserves the right to make changes to this vendor marketplace agreement at any time. Changes to this vendor marketplace agreement are effective when the changes are posted to the Site. Continuing to sell items in Latinflutes.com will constitute your agreement to the new Vendor Marketplace Agreement. It is your responsibility to review the changes and decide if you want to continue to use Latinflutes.com. Changes to the marketplace Vendor agreement may occur at any time and without notice to you.
THE MARKETPLACE
Latinflutes.com provides an online service that allows Vendors to sell their products to buyers. Latinflutes.com does not act as the agent for either buyers or Vendors. Our service provides a platform for these transactions to take place.
ACCOUNT SET-UP
You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of buying or selling on the marketplace. You are responsible for protecting your password. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. Latinflutes.com is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and nonassignable.
ELIGIBILITY REQUIREMENTS
Listing items for sale on Latinflutes.com is limited to parties that can lawfully enter into a contract. Minors are not allowed to sell on Latinflutes.com. Latinflutes.com will keep a flat 50% of sales.
REQUIRED COMMUNICATION
Latinflutes.com requires you to provide timely support to the marketplace customers. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the Latinflutes.com marketplace within 48hrs if possible. You are also required to notify Latinflutes.com when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change Downloadable items will be immediately available to the customer thru their downloads account.
SHIPPING EXPECTATIONS
All shipping fees are included in your price. All orders should be shipped to customers within the timeframe you have committed to in your item posting. It is your responsibility to deliver the items contained within an order to the Buyer. Purchased digital products (i.e Downloadable CD's or prints) will be immediately available to the customer thru their downloads account.
VENDOR RESTRICTIONS
Vendors cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Furthermore, Vendor must meet all customer terms and conditions required. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of Vendors may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Latinflutes.com. Marketplace transactions must take place between two different individuals, organizations or entities. Latinflutes.com reserves the right to refuse service to anyone at any time for any reason. Latinflutes.com reserves the right to prohibit the sale of any item in the marketplace. At Latinflutes.com’ discretion, products may be removed at any time without notice. The way listings appear in the marketplace may change without notice to users of the marketplace (Buyers or Vendors).
PAYMENTS
When a buyer completes a purchase on Latinflutes.com the Vendor will receive an email with a transaction summary and a link to a secure page on the Latinflutes.com website containing the payment details including the primary account number (PAN), expiration date, and billing address. the payment processing will take place on Latinflutes.com's website and will be disbursed 20 days after the end of the current purchase month to allow refund request time in which the vendor will receive the full cost minus 50%. an additional 2.7% plus 30 cents per transaction will be discounted from the purchase price for fees related to payment processing thru our vendor PayPal.
TAXES
It is the Vendor’s responsibility to collect and remit any taxes associated with a transaction. Latinflutes.com will not be held responsible for the collection or lack of collection of any taxes due to the use of Latinflutes.com. Latinflutes.com is not responsible for determining when tax should be charged.
RETURN POLICY
Latinflutes.com has a 30 day refund/return policy any product that has been returned for refund, will be process immediately by our system and a refund issued to the customer without contacting the vendor directly. however, the vendor will be made aware of this change and payments due will be adjusted. If a refund is requested after the disbursment period. the vendor will be responsible of issuing a full refund to either the custormer or latinflutes.com that will later be passed to the customer.
TERMINATION
Latinflutes.com reserves the right to monitor Vendor accounts to determine if policies or laws are being broken. Any illegal or fraudulent activity may be reported by Latinflutes.com to law enforcement or other third parties. Upon termination, Vendor must pay Latinflutes.com any fees that were incurred prior to the effective date of termination.
WARRANTY
The Latinflutes.com marketplace (Latinflutes.com.com) is provided as is and without warranty. Latinflutes.com makes no warranties of any kind, expressed or implied. Latinflutes.com will provide best effort to ensure Latinflutes.com is available 24 hours-a-day 365 days- a-year, but we do not guarantee Latinflutes.com will always be available. Latinflutes.com will not be liable for any loss due to Latinflutes.com not being available. Latinflutes.com will not be liable for any loss due to errors in our software or the software of others that we use.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Latinflutes.com and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes. Latinflutes.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
DISPUTES
You agree to release Latinflutes.com from claims, demands, and damages related to transaction disputes not directly related to the Latinflutes.com platform. If a dispute arises, buyers and Vendors are expected to deal with each other to come to a resolution.
JURISDICTION
Any claim against Latinflutes.com in relation to Latinflutes.com shall be adjudicated in a court in San Diego County, California and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Florida law, without regard to conflict of laws principles thereof.
CONTENT AGREEMENT
By agreeing to the marketplace Vendor agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
SEVERABILITY
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Latinflutes.com does not constitute a waiver of Latinflutes.com’ right to enforce such section or any other section in the future.
SIGNATURES
An electronic signature is any electronic sound, symbol, or process that is related to an agreement and executed with the intent to sign that agreement. You agree that the process of including this document on the marketplace constitutes a binding electronic signature by Latinflutes.com and that the process of clicking the Terms & Agreement checkbox during the account creation process represents your binding electronic Vendor signature.

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