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Terms and Conditions

This Agreement was last modified on 07 July 2022.

Spytrac’s Additional Guidelines
GUIDELINES USE AND AMENDMENT
PHOTOGRAPHY AND IMAGE GUIDELINES
RETURN POLICY
COMMISSION AND PAYMENT TERMS
PENALTY POLICY

1. GUIDELINES USE AND AMENDMENT

These Guidelines and Policies form part of our Marketplace Vendor Agreement with you. By operating a vendor Center Account, you’re agreeing to these Guidelines and Policies.

These Guidelines may be amended from time to time. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from selling your Products on our Marketplace. Continued use of the vendor Center will be deemed to constitute acceptance of amended Guidelines.

2. PHOTOGRAPHY AND IMAGE GUIDELINES

The Vendor is responsible for creating Product pages on the vendor dashboard as well as uploading images and content that meet Spytrac’s guidelines below.

  1. You can upload up to 8 images for each product in JPEG, PNG and GIF formats.
  2. The maximum file size is 1MB.
  3. The first Image will be the main image of your product.
  4. The first Image should be the front view of the product
  5. The background of the product should always be white
  6. Image size should always be 680×850 pixels. If your image is between 1000×1000 and 2000×2000 pixels you can use our image crop tool to re-size, rotate and crop your images. To access this tool just click on the pencil button on the top left corner of each image you upload (illustrated below).
    Prohibited

Images with part of the product for sale cropped by a frame edge
Text, logos, borders, colour blocks, watermarks, or other graphics over the top of a product or in the background
Images that show packaging or brand or swing tags, except for stockings or socks
Visible mannequins
Images that do not match the product title
Nudity or sexually suggestive images
Images that are blurry, pixelated, or have jagged edges

3. RETURN POLICY

The Vendor shall accept Spytrac’s Return Policy provided on the Platform. The Seller agrees to renounce its own return policy in respect of orders on Spytrac.
Swill accept returns from the Customer, at no cost to the Customer, provided that the following conditions are satisfied:
The return request must be made by the Buyer by contacting Spytrac’s Customer service team no later than Fourteen (14) days from the delivery date
The Products are returned in the original packaging;
The Product shows no sign of usage.
The returned Product is not one of the non-returnable Products or brands stated on the Platform.
If these conditions contained are satisfied, Spytrac will collect and send the returned Product to the Seller within (14) days, at no additional cost. Will accept the return.
Spytrac will collect returns at no cost to the vendor if:
The return request must be made by the Buyer within six (6) months from the delivery date and must be in line with provisions of Consumer laws relating to the return of defective goods;
The product must be defective, appear to be defective to Spytrac or must not comply with the Customer’s right to receive safe and good quality goods in terms of the Consumer Protection Act;
Spytrac will proceed with the return process, only if Spytrac’s after-sales support team failed to fix the problem;

Quality control is undertaken in the Warehouse in order to determine who is responsible for the return of the product.
Spytrac will accept returns of Products that reasonably appear to be defective and will not be obliged to investigate the defect; and
Defective Products will be returned to the vendor at the vendor’s expense.
If the quality control shows that the Buyer is responsible for the defect, the product shall be sent back to the Buyer and there will be no refund.
If the vendor or manufacturer is responsible for the defect, the Product shall be sent back to the vendor.
In case of disagreement over the quality control, the vendor must provide Spytrac with proof that the product was not defective and had the quality necessary to be sold when it was delivered to Spytrac.
If at the end of the return process, Spytrac considers that the final Buyer must be reimbursed, Spytrac shall refund the Buyer and process the return on vendor Center, which will reduce the amount due to the vendor for the particular Account Statement period.
The term “return” in terms of this Agreement, includes cancellations prior to delivery to Customer.

4. COMMISSION AND PAYMENT TERMS

Spytrac’s commission:
Spytrac’s commission for services rendered shall be calculated as a percentage of the Display Price of the Product, excluding VAT. This commission structure can be viewed on the vendor’s Dashboard.
The commission percentage shall exclude VAT and VAT shall therefore be added to the commission amount on Spytrac’s Invoices.

Other Fees: All other fees including, but not limited to, delivery and storage fees can be viewed on the vendor dashboard.
Spytrac’s invoicing and payment to the vendor:
Spytrac shall provide the vendor, by the 15th of every month, with:
a statement of all the Vendor’s Products sold in the preceding month, less any Products returned in that period, known as an Account Statement. The Account Statement shall include inter alia the details of the Products sold, the quantity sold, the amount the Products were sold for and the amount of VAT charged; and a Tax Invoice for Spytrac’s commission earned during the preceding month;
The Vendor shall be entitled to the total amount recorded in the Account Statement at Display Price.
Spytrac shall settle the balance between the total amount due to the Seller as per the Account Statement and Spytrac’s Tax Invoice for commission and any other costs as agreed, within 1 month from month-end of the period described in the Account Statement.
The Vendor shall furnish Spytrac with an original letterhead, with the correct bank account details and signed by an authorized signatory, which details shall act as the agreed bank account into and from which payments shall be made.
Spytrac shall pay all amounts owing in terms into a bank account nominated by the vendor, by electronic funds transfer.
It is specifically recorded that it is the vendor’s responsibility to declare VAT on Product sales reflected in the Account Statement. For the avoidance of doubt, the parties specifically agree that Section 54(1) of the VAT Act No. 89 of 1991 is applicable. The sale of Products to Customers is deemed to be made by the Vendor and not Spytrac. The Vendor may use the Product sale information in the Account Statement for the purposes of declaring output VAT.
In the event that the Buyer requests for invoice for a Product sale, Spytrac will issue an invoice on behalf of the vendor in terms of section 54(1) as stated above.
The payment method may be subject to change as described in this Guideline.
Each party shall be responsible for the settlement of its respective tax obligations which arise from any transaction in relation to this contract.

5. PENALTY POLICY

Spytrac places high importance on maintaining the trust of its customers. We have established penalties for Sellers so that customers can shop with a sense of safety and security about their third-party marketplace transactions.

All Vendors should be working toward achieving and maintaining a high level of customer service. To achieve this, Spytrac enforces penalties to prevent:

*Sale of counterfeit products and non-conformity to the Prohibited and Restricted Products Policy.

*slow fulfilment of Orders.

*Cancellation of Orders and out-of-stock Products.

*non-compliance with Packaging Guidelines.

*high rate of Returns of products according to Spytrac’s discretion and;
breach/infringement of any applicable law and regulations.

Below is a list of penalties which may be enforced at Spytrac’s discretion. It is important to note that this is not an exhaustive list and further penalties may be added:

Out of Stock: x2 commission due to Spytrac capped to ZAR 75 per Product with a minimum of ZAR 15. However, not applicable to new sellers during the first month of selling.
It is at Spytrac’s discretion to institute penalties. Penalties that you have incurred will reflect in your Account Statement available at the vendor Center. Once instituted, penalties are non-negotiable.

Marketplace Vendor Agreement | Policies | How to use the vendor Center? | Spytrac’s Additional Guidelines