Seller Terms and Conditions

Welcome to Jokoka!

This Seller’s Policy set out the terms and conditions on which products are sold by you as a vendor on www.jokoka.com or on our mobile application (together defined as the “Portal/Site/ Platform”). The owner and operator of the Site is Johara Tus Sharaf Portal holding DED License, a Professional sole established company registered in the United Arab Emirates (“UAE”) under license number 869322, with its office located at Westburry Office Tower, Business Bay Dubai in the UAE (hereinafter referred to as “we”, “our” or “us”).

Sellers (you) who want to register on Jokoka (the portal, Portal, app, we, us or our site), and use our services to sell products must accept these Seller Terms and Conditions (Terms). By creating a Seller account with us, you agree to these terms, and all policies, guidelines, and other terms incorporated on the Portal.

Jokoka is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on Jokoka must be either exclusive, handmade, curated or inspired by a personal design.

ACCEPTING THIS TERMS AND CONDITIONS

Any person who accepts these terms and conditions or uses our services to sell products on their behalf represents and warrants that they have full legal authority to bind you.

You expressly accept and agree that we shall be entitled to forward your name, address and other contact details to any third Party that reasonably claims that you do not have all necessary intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your Products.

A. Seller Agreement

If you sell on Jokoka, you shall accept our Privacy Policy, Terms of Use, all agreements, terms and conditions, that are displayed on the Portal.

Jokoka reserves the right to change Portal Terms at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Portal without notice to you. You are responsible for reviewing any applicable changes. Your continued use of the Portal and Jokoka services following posting of any changes will constitute your acceptance of such changes. If you do not agree to any change to these Terms, you must not continue to use the Portal and or Jokoka services.

If you sell on Jokoka, you agree that:

  • All items are
    • Made or designed by you, the seller
    • Designed by you and made with the help of a manufacturer who complies with ethical manufacturing policies
    • Curated by you.
  • You are using your own photographs – not stock photos without proper license, artistic renderings, or photos used by other sellers or Portals.
  • You are posting pictures and product details accurately
  • All items that are listed are available for immediate purchase and can be fulfilled within the delivery timeframe
  • You update the stock on a regular basis
  • You will only upload your Best/ Exclusive/ Unique/ One of a kind products on our portal.
  • Once an order is placed, it is the seller's responsibility to ensure the item is ready and all set for collection and delivery within 15 minutes in case of express delivery and within an hour in case of normal delivery.
  • All orders should be packed appropriately and sealed for courier collection.
  • No personal information or contact details should be mentioned on the packaging or inside the box. If found so Jokoka reserves the right to suspend the seller from the site immediately.
  • All our Halal products.

If you are selling ‘Customizable Items’, you agree that:

  • All customizable item listings that are available for purchase should be made clear that it will be made-to-order only once the order is placed, and the timeline should be clearly defined.
  • Each custom listing should mention the timelines needed for the new creation.
  • If you are using photographs of previous work with options for customization (like color choices) included in the listing, do make it clear in your description that the photos shown are just examples.
  • In addition, you will package products appropriately and aesthetically to avoid damages.
  • Ensure that your products do not cause any personal injury or damage to properties or people.
  • Remain responsible for after-sales services, guarantees and maintenance, and defects (if any).

What Can’t be Sold on Jokoka?

Even if they otherwise meet criteria, prohibited items, services, and items that violate our product policies are not allowed to be sold on Jokoka.

Jokoka has the right to reject products listed by the seller at any point in time after the upload of the product online.

Prior to listing or requesting us to list the Products on the Portal, you should carefully review the list of prohibited items given below. The examples provided are not all-inclusive and are provided solely as an informational guide. We encourage you to seek independent legal advice if you have questions about the laws and regulations concerning your Products.

List of Prohibited Items:

  • Alcohol: Promoting alcoholic beverages are not allowed, including liquor licenses, or items containing any kind of Alcohol or its elements are not permitted for sale on the portal.
  • Animals and Animal Products: No living creature of any kind allowed to be sold or listed for sale such as household pets, farm animals, wildlife, reptiles, and insects. This also applies to animal organs.
  • Art: Unauthorized copies or reproductions of artwork that violate any copyrights and trademarks.
  • Drugs
  • Gambling and Lottery: including lottery tickets, coin-operated slot machines, and slot machines that can be converted to use coins, credit cards, and cash.
  • Hazardous Chemicals and Dangerous Products: explosives; books with information on how to make explosive devices; products containing red phosphorus; products containing thermite; used oil; products and batteries containing mercury; and products
  • contaminated by radiation.
  • Sexual Wellness: including products that portray nudity in a graphic manner, sexual health products, sexual aid devices, adult-only novelty items
  • Tobacco
  • Cosmetics (containing alcohol)
  • Raw or Packaged foods
  • No products with Seafood contents or ingredients are permitted

B. Selling Policies

When listing products on Jokoka, you must comply with the following policies. Your account will be suspended if you breach Seller Terms and Conditions, and list content or products fall under the Prohibited List of Products.

Below is a quick description of the key terms that apply to all our sellers. There are important details in the whole Seller Terms and Conditions, so you should read it.

  • Counterfeits or Refurbished Products - Consumer trust is very important to us. It is a criminal offence to try to financially gain by using Intellectual Property Right (IPR) without the owner’s permission. Jokoka will remove your listing if we suspect your products are not genuine.
  • Cancellation of Orders - You cannot delay a confirmed purchase order or cancellation of a confirmed order. Any cancellation of a confirmed order will be subject to penalty by Jokoka. Refer to section C for more details.
  • Representing Yourself, Your Shop, and Your Listings Honestly - One of our core values is transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. Your information/advertisement must not be misleading. This means that you will not engage in any unfair trade practices, which is a criminal offence.
  • Product Safety - Product Safety is our top priority. It is also the foundation of customer trust. Ensuring the safety of your products must be important criteria for selling on Jokoka. You will remain always responsible for products or any features that harm or threaten to harm individuals, and or properties.
  • Your Content - You are solely responsible for all text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Portal.

Your Obligations as a Vendor on our Portal/Site

  • Prior to displaying the Product or Service on the Portal, you must be fully acquainted with all conditions relating to the Sale Facility, including ordering, payment, shipment, delivery, notifications and returns and agree to abide by them.
  • Through the interface provided by us on the Portal, you shall upload the product description, images, disclaimer, delivery timelines, price and such other details for the products to be displayed and offered for sale through the Portal.
  • You shall provide full, correct, accurate and true description of the product so as to enable the Buyers or customers to make an informed decision.
  • You shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the Platform You are to notify us of any change in the Product at least 5 working days in advance of the date upon which the change becomes effective.
  • You are To communicate exact information required by us for shipping and delivery to be posted alongside the Product offered through the Platform.
  • You are to provide complete and adequate information to us for purposes of payment.
  • You are to provide true information regarding the Product and their person.
  • You are to follow the shipping terms as laid out on the portal.
  • You shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through the Platform.
  • At all times have access to the Internet and its email account to check the status of approved orders.
  • On receipt of the approved order, you shall dispatch / deliver the products within the time as specified in the product description on the Platform.
  • In the event the products are not accepted by the Buyer or Customer due to any wrong / damaged products dispatched, then the same shall be replaced by you at no extra cost to the aggrieved customer. Since we are a Facilitator, you hereby authorize us to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer.
  • You shall Update the Order Status on a daily basis.
  • You shall dispatch the Products of the same description, quality and quantity and price as are described and displayed in the Store and for which the Customer has placed the order.
  • You shall not offer any Products for Sale on the Platform, which are prohibited for sale, unfit for human consumption, dangerous, against public policy, banned, unlawful, illegal or prohibited under the UAE laws.
  • The Vendor shall ensure that they own all the legal rights either as a distributor or a manufacturer in the Products that are offered for sale on the Platform.
  • You shall be solely responsible for any dispute that may be raised by the customer relating to the Products provided by the Vendor.
  • You shall at all time during the pendency of this agreement endeavor to protect and promote the interests of Jokoka and ensure that third parties rights including intellectual property rights are not infringed.
  • You shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Value added tax, Standards of Weights & Measures legislation, Code of Advertising Ethics, etc.

Finances

  • One-time seller fees are non-refundable. The marketplace has put into effect annual renewal fees for all brands.
  • Commissions - Jokoka charges a certain set percentage of the sale amount, for every transaction made on the Portal, depending on the category listed. Commission Fee (%) + Finance fee (3%) Transaction Fee. All fees are subject to VAT.
  • Penalties
    • Delayed shipping For the orders which are not confirmed within the specified time frame, a penalty of 5% (of the order amount) will be charged if the delay is 1 day, and 10% (of the order amount) if the delay is 2 days or more.
    • Cancellation In case of cancellation of a prepaid order by the seller, the seller will be charged 5% of the seller payout.
    • SLA Breach In case of failure to abide by the marketplace timelines, the seller is charged 5%
    • Incase of customizable items, the above will be applicable if the seller does not abide by the opted delivery timeline
  • Payment Releases: Jokoka releases payment within 15 working days of the payment received from the date of transaction, provided there are no returns or any funds transfer issues from the payment gateway or banks.

D. Building a Positive Reputation Through our Reviews System

We expect our sellers to provide a high level of customer service. By selling on Jokoka, you agree to:

  • Honor the commitments you make in our store policies.
  • Respond to conversations from the Jokoka team in a timely manner.
  • If you are unable to complete an order, you must notify the marketplace and cancel the order.

Requests for Cancellations and Returns

If you are unable to complete a transaction, you must notify the Jokoka marketplace before canceling the transaction. If the buyer has already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

You may cancel a transaction under the following circumstances:

  • The buyer did not pay (in case of COD).
  • You have decided to not honor the sale to the buyer for a reason, and if the buyer has already paid, you must issue a full refund and penalty.

E. Update of Seller Policy

Our business changes constantly, and our Seller’s Policy may therefore also need to change. We will post the current version of this Seller Policy on the Platform and each such change will be effective upon posting on the Platform or upon the date designated by us as the "effective date".

We may email periodic reminders of our notices and conditions, but you should check our Platform frequently to see recent changes.

It is your obligation to regularly check the Seller’s Policy or any other policies on the portal. Your continued use of the Portal following any such change constitutes your agreement to this Seller’s Policy or any other policies posted on the site as so modified.

F. Seller Account Setup

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. You must not register under a false name and impersonate any other Sellers’ log-in credentials, or password(s). Such fraudulent conduct is a violation of applicable federal, local or international laws and regulations (Applicable Laws). You agree to provide all relevant and updated information to Jokoka while your account is active.

RETURNS:

A return request will be accepted in the following conditions.

  • Faulty/incorrect/physically damaged product/s reported to the marketplace within 24 hours of product delivery by contacting [email protected].
  • Incorrect Size - the item differs majorly from the images and description in its listing
  • Incorrect color than what was ordered

LIABILITIES

We shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, is unfit for human consumption or in unfit condition, infringing/ violating any laws / regulations /intellectual property rights of any third party. Vendor agrees and acknowledges that;

You shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through the Platform (including but not limited to quality, quantity, price, use, or any other related claim) and shall hold us harmless and indemnified against all such claims and damages.

You shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.

You hereby agree, confirm and acknowledge that the Product is owned by you and that we are merely a facilitator for sale of the Vendor’s Product, hence the we not responsible/ liable for the Product, its design, its function and condition of manufacturing and selling and financial obligations, warranties, guarantees whatsoever. We reserve our right to state appropriate Disclaimers on our site/platform

INTELLECTUAL PROPERTY:

Jokoka has the right to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Portal (and Seller warrants that it is entitled to grant that license). This license you grant to us is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. We do not grant any license to you except the Services that we offer.

Emails:

You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Jokoka related communications or for Jokoka-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any Jokoka member to your email or physical mailing list or store or misuse any payment information.

INDEMNITY

You agree to indemnify and shall hold indemnified Jokoka, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Terms or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc .

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. The seller must be legally entitled to sell the item listed for sale on Jokoka.com/Portal, You agree to submit to the jurisdiction of the court of Dubai, UAE in case of any dispute.

TERMINATION :

Without prejudice to any other factors, Jokoka shall have the right, at any time, to terminate this relation forthwith, by giving a notice in writing to the seller or by simply deactivating the seller account. Should the seller wish to terminate their contract they must give 1 month written notice. At the time of cancellation, all the services will be calculated on a pro-rata basis and the amount to be refunded will be adjusted accordingly.