In order to sell products and/or services on our Platform, you shall abide by the General HardHats Terms & conditions in addition to the Sellers’ Terms & Conditions, which further compliments and supports the General. The Sellers’ Terms & Conditions apply to the seller who is:
• Eligible to provide the services on HardHats’ Platform.
• Avail himself with a package from the (Seller Services’ Subscription/Engagement Package).
• HardHats provides a Platform for sellers and buyers to complete transactions. The seller has agreed with HardHats to provide services/products on the Platform based on the “Vendor Agreement Package”. Such services are to be carried out in compliance with the following Terms & conditions and the General HardHats Terms & Conditions.
• As owner or broker of the products/services, it is the seller’s responsibility to ensure that the listing of an item clearly describes the products and/or services offered. The seller is also responsible for the packaging, shipping, insurance, providing of warranties and after sale services.
• HardHats will act as liaison point for collecting the sales’ amounts/payments due to the seller, holding the amounts due for refunds and adjustments, paying buyers or third parties any amount owed by the seller to them and/or deducting it from the seller’s dues.
• HardHats will have no responsibility with respect to the legality of transactions occurring between the seller and other parties. HardHats will not be responsible for any violations to the Bahraini or international laws, especially – without limitation to – the anti-money laundering laws.
2. Terms & Termination
• This Sellers’ Terms & Conditions will come into force as an agreement that will commence when signing the “Vendor Agreement Package” and will continue unless otherwise terminated in accordance with the following provisions:
A. HardHats has the right to unilaterally and immediately terminate this Agreement in the occurrence of these events:
B. The seller’s breach of any terms and conditions in this agreement and/or the General Terms & Conditions of HardHats in addition to his/her failure to remedy the breach within ten (10) working days.
C. The seller commits a repudiatory breach
D. The seller makes it impossible either through act or omission to perform the contract
E. The seller being in any pre-bankruptcy procedure or winding up
F. The seller may unilaterally and immediately terminate this Agreement in the occurrence of these events:
G. If HardHats being in any pre-bankruptcy procedure or winding up
H. If HardHats ceased to carry on its Platform business for any reason without transfer of business.
I. Either party may terminate this Agreement without cause by providing 30 days prior written notice to the other party.
J. Upon termination of the Seller Agreement, the seller will notify HardHats of any purchased orders to be fulfilled. For the avoidance of conflict, the seller shall be responsible to fulfil any pending orders, notwithstanding the termination for any reason otherwise, the customers will be refunded.
3. Personal & Business Related Data:
• The seller warrants that he/she will not use the personal data he/she collects from the buyer or third parties except for the purpose of executing his/her undertakings and will not harm HardHats in any manner relating to data protection.
• The seller guarantees that he/she will endeavour to save any personal data in a secure manner as per the data protection laws.
4. Subscription & Service:
• HardHats offers various package features stipulated for each seller. The charges will be agreed upon when contracting with the seller.
• HardHats basic package includes:
A. Vendor E-Store Set-Up
B. Content Management
Additional optional services include marketing.
5. Payment Methods:
The applicable payment methods offered by HardHats to vendors are:
A. Card Payments
B. Bank Transfer
• HardHats does not accept any cash payments.
• HardHats does not permit any staff, affiliate, third party or any other body to collect payments on its behalf. Therefore, if the vendor issues any payment to a body other than HardHats, he/she is liable.
6. Sales Amount & Payment:
• The seller must provide HardHats with a valid and up to date bank account.
• Payments shall be settled within ten (10) days to the sellers’ accounts.
• HardHats is authorised to deduct any settlements due to HardHats from the aggregated amount before transferring it to the seller’s account.
• HardHats applicable payment methods for consumers are:
A. Cash on Delivery/Pickup: This is subject to the seller’s services’ terms and conditions.
B. Credit/Debit Card: Through a payment agent, whether online or upon delivery if accepted by the seller in his/her services’ terms and conditions. The buyer shall ensure that he/she is the holder of the card or is authorized to use it
C. By any other payment methods provided by the HardHats Platform and accepted by the vendor.
• There are incurred charges subject to each payment method above, which will be explicitly stated for each seller in the contract signed and these are as follows:
A. Payment Gateway Charges.
B. Cash on Delivery Charges.
C. Transactions Charges.
• The above charges will be deducted from the buyers’ payments before transferring the aggregated amounts to the sellers’ accounts.
• HardHats may, in certain instances and to relevant extent, delay, suspend or hold payment in cases where the seller breaches important and material terms of the Seller’s Agreement or the General Terms & Conditions and any payment made to the seller will not in any way be considered as a waiver of HardHats’ rights.
• If HardHats concludes that the seller’s actions and/or performance in connection with the Seller Agreement have resulted in disputes with buyers or other third parties, HardHats, at its sole discretion, can withhold any payment for as long as:
A. A period of sixty (60) days following the initial date of suspension
B. The resolution of any dispute
• HardHats reserves the right to impose limits on orders or transaction values on buyers or sellers. HardHats will not be liable for an order or transaction that would exceed the said limit or boundaries.
• All the conditions for listing and all the provisions contained in HardHats Terms & Conditions shall apply.
7. Value Added Tax (VAT):
(As per clause 6.4 of the General Terms & Conditions & VAT Clause)
• The Value Added Tax Decree-Law No. (48) of 2018 promulgated the enactment of VAT in the Kingdom of Bahrain. In compliance with the VAT policies, certain products, services and charges may be subject to a standard rate of 5%.
• Where applicable, HardHats’ subscription fees/commission and any other additional service charges may be subject to VAT. The supply shall increase by a sum of equal to the VAT rate applicable, which is to be payable by the seller.
• Sellers are responsible for notifying HardHats of their VAT registration and for the correct enforcement of tax on their prices.
• The seller shall raise the valid tax invoice directly in the name of the customer and the invoice must abide by all requirements as prescribed in the VAT legislation.
• HardHats will have the authority to collect the total invoice value for goods/services supplied by the seller, inclusive of VAT, from consumers. HardHats shall repay the amount collected as per the agreed terms to the sellers since they are responsible for settling the VAT with the National Bureau for Revenue (NBR). Therefore, the seller is responsible for any VAT report produced and presented to the NBR.
• VAT shall be governed by and construed in accordance with the VAT legislation of Kingdom of Bahrain.
(As per clause 6.1 of the General Terms & Conditions)
• When listing an item or service, sellers agree to comply with the following provisions:
A. Listing must be a legal item or service owned or provided by the seller or the seller has the legal cause to sell the listed items or services
B. Selling of an item or service must not violate any local laws or regulations
C. The item must not be on HardHats’ Prohibited Items and Service List
D. The seller must disclose any rights or obligations on the listed items or service at time of purchase.
E. The seller shall also clarify any information, clarification, cautions or any other conditions stipulated by the law of Consumer Protection or any laws in the Kingdom of Bahrain.
• For optimal sales, provide a detailed item description including:
I. Proof of authenticity
J. Provide clear photos taken by the seller - must be actual, not stock, photos of the item
• In relation to services, any required authenticity, availability and any other required conditions shall be provided by the seller.
• Sellers are responsible for the accuracy and content of the listing, item/service offered.
• Listing, selling or using unlicensed, counterfeit, trademarked or copyrighted materials without the consent of the original owner of these rights is prohibited by HardHats and such claims will be taken seriously and in accordance with Bahrain’s law concerning intellectual property.
• Any infringement will result in the suspension of the seller’s account followed by an investigation, which might result in termination.
9. List of Prohibited Items/Services:
(As per clause 6.2 of the General Terms & Conditions)
• Illegal Items/Services
• Counterfeit Items
• Stolen Goods
• Weapons & Explosives as organised by the Penal Code
• Safety Hazard Items
• Items/Services that require legal approval or licenses
• Current Banknotes
• Human body parts, organs, cells, blood and similar objects
A. Products, tools or services specifically offered or intended to be used to produce drugs
B. Ingredients for growing drugs, example: seeds for cannabis plants
• Any restricted item by the Ministry of Industry, Commerce and Tourism or any other related formal bodies whether it be environmental or safety related are also considered.
• Counterfeit goods or goods infringing on a third party's intellectual property right.
• Products designed to either circumvent copyright protection techniques or facilitate the unlicensed use of copyright materials
• Gambling or sweepstakes, including using this service for raffles and mystery purchases
• Items/services deemed unsuitable by HardHats
• Any item that the Shipping Agent restricts to ship (Refer to the shipping conditions of the courier)
10. Order Cancellation:
(As per clause 7.3.1 of the General Terms & Conditions)
Sellers must allow buyers to cancel an order in the occurrence of the following:
A. Product/Service has not been delivered within the promised time-frame
B. Change of Mind – Cancel prior to shipping / work commencement on the order or within the time-frame specified by the seller.
C. Seller has materially changed the item’s description after the order has been placed or if a clear typographical error has been made.
HardHats permits sellers to cancel orders that cannot be fulfilled
(As per clause 7.3.2 of the General Terms & Conditions)
Sellers must allow buyers to return items due to the following reasons:
A. Wrong Item/Service Delivered: Seller shall bear the costs of returning the wrong product/service and redelivering it or returning the item with a full refund to the customer.
B. Damaged/Defective/Counterfeit/Discrepancy Items: Once notified, the seller shall replace the product, repair the defect or return the item with a full refund to the customer
C. Change of Mind/Dissatisfaction: This is subject to the seller’s policy.
(As per clause 7.3.4 of the General Terms & Conditions)
The option to exchange is subject to the seller’s policy and to the nature of the product.
(As per clause 7.3.3 of the General Terms & Conditions)
Sellers must refund customers in the following situations:
A. Cancellation/Return due to product/service not delivered within promised time-frame
B. Cancellation prior to shipping, work commencement or within the time-frame specified by the seller.
C. Cancellation due to seller materially changing item’s description after the order has been placed or if a typographical error is made
D. Wrong product/service delivered
E. Damaged/defective/counterfeit/discrepancy item being delivered
(As per clause 7.2 of the General Terms & Conditions)
• Delivery can be facilitated by either HardHats or the seller.
• HardHats offers consumers several options for delivery facilitated by HardHats and accepted by the vendor. All such manners of delivery will be dealt with through special delivery policy and any provisions associated with it, especially the provisions of damage of products in transit or after delivery. HardHats will endeavour to make deliveries in the specified time, unless circumstances beyond its control occur. It is to be noted that HardHats has agreements with delivery agents and hence, the delivery agents’ terms of delivery will apply and the buyer will bear the specified costs of delivery, which will be deducted once payment is made.
• If the seller offered free delivery for the items/services or will add costs on the buyer for such delivery, the terms shall be clarified to the buyer at the time of the purchase. The seller’s terms of delivery will apply. The seller shall take all precautions and follow standard procedures for proper packaging and delivering of the item based on its nature. He/She is also liable for informing the driver of any special care/conditions required when delivering.
• If the delivery will be facilitated through HardHats, it will be made to the delivery address associated with the order. The buyer shall assure accuracy of address and if the address is invalid or incorrect, then he/she will bear the costs of delivery.
• The buyer or someone on his/her behalf are responsible for receiving the delivery at the specified time. If the item or service was delivered but no one was there to receive it or the buyer refused to take it, then the item or the service will be returned back to the seller if the seller’s terms of service accept such return and a further charge may become payable by the buyer because the product/service has already been dispatched.
• For delivery outside the Kingdom of Bahrain, it will only be applicable in the GCC region therefore, the buyer and seller shall ensure the acceptance of transiting the product/item to the country of destination in terms of formal regulations and procedures of customs and hence, they shall bear the costs of such customs if required.
15. After Sale Services:
(As per clause 7.5 of the General Terms & Conditions)
Any after sales services, such as repair, warranties, guarantees, any formal procedures, fixing and any further complaints, shall be subject to the relationship between the buyer and seller. HardHats will not represent a party in such issues.
16. Seller Obligations:
In addition to the General Terms & Conditions mentioned on HardHats’ Platform Agreement, the seller shall undertake, represent and warrant the following:
A. Comply with any applicable laws and regulations, whether locally or internationally.
B. Be responsible for any taxes and other charges on a timely manner to the extent required by law.
C. Obtain all rights, permits or approvals required prior to the listings of products and/or services.
D. Fulfil all orders to the eligible buyers on a timely manner as per the agreed time, quantity and quality.
E. Reply to the buyers’ comments and queries in a timely manner.
F. Update the availability status and stocks.
G. Permitted to provide any insurance with any respected insurance company.
H. Ensure that the listing price for any products and/or services offered to the buyer does not exceed the price offered by him/her outside the Platform. The seller shall not direct the buyers to purchase from his/her stores directly in a way that jeopardise HardHats’s business. Also, the seller is responsible for updating the prices. Any changes in price shall not be effective on the items once the order has been placed formerly.
I. Provide products and/or services with their legally required documentation including -as applicable- warranty and content description, labelling and specifications in the language specified by the law and the specified languages to whom the products or services are targeted for.
J. Will not sell prohibited items and/or services as clearly listed in the General Terms & Conditions (Refer to Section 6.2 of the General Terms & Conditions).
K. Old or refurbished items are accepted provided that the seller indicates so clearly in the description of the goods and guarantees its good condition and discounted price.
L. The seller shall ensure that HardHats is not responsible for any comments or comparisons by the customers or any third parties’ visitors to the Platform or any functions that take into consideration the products/services, the prices or the quality. HardHats has the right but not the obligation to monitor all content and in cases where HardHats detects a violation, it has the right to take action. Nevertheless, it remains the seller’s responsibility to counteract. HardHats has no obligation to verify the accuracy, completeness and legality of the contents.
M. Adhering to Customer Protection Law in specific, especially in terms of return and refund.
N. Fully understand that the Platform has many competitors that may compete in terms of the products’/services’ quality and price. The seller shall not intervene in any way or obstruct the Platform.
O. Fully responsible of his/her account, his/her password and the way it is operated and the individuals operating it. Any use of the Platform through the seller’s account will be deemed as being used by him/her. The seller is also responsible for updating his/her internet devices (pc/mobile …etc.) to ensure that all devices are operated correctly in the most up-to-date software.
P. Understand that the relationship is between the buyer and seller directly. HardHats is not an agent to the seller or buyer.
17. General Provisions:
• All the above warranties and undertakings in addition to all other obligations stated in the General Terms & Conditions on HardHats Platform will be fulfilled and will remain true and correct at all times, unless HardHats receives a notification from the seller that specifies otherwise.
• Clauses 7 to 14 are extracted from the General Terms & Conditions and therefore, any changes made to these provisions in the General will automatically apply to the Sellers’ Agreement.
• The sellers will be notified of any modifications and he/she can make an objection within 10 days of the notice as per clause 10.1 of the General Terms & Conditions. The seller’s continued use of the service without any objection duly communicated to HardHats after being notified will constitute his/her acknowledgement and acceptance of those changes and consent to abide by and be bound by them.
• All the provisions of this Agreement are considered alongside the “Package” signed with the Seller and an integral component to the General Terms & Conditions and will be construed along with it. Agreeing on the Package means agreeing to these provisions and to the General Terms & Conditions.