These additional terms for Brands (“Brand Terms”) apply to the use of the Services and the Platform by the Brand and, in particular, govern your offering of Goods as a Brand through the Services and shall integrally form part of the Terms.
ACCOUNT REGISTRATION – BRAND ACCOUNT
- Brand Accounts: To sell goods through Plain Tiger as a Brand, you must submit an application to, and be approved by Plain Tiger. The application process and Brand Account are both free (subject to package chosen). The application seeks basic information about you, your company and your products. If approved as a Brand, you will be required to submit additional information, including about your business, where you wish funds from sales of your products to be deposited and applicable tax and related documentation.
- Authorization: By accepting these Brand Terms and providing the requested information (including any necessary documentation evidencing product compliance and safety) during the Brand application process, you authorize Plain Tiger, acting on your behalf, to conclude contracts with Retailers for the sale of Brand goods, or if so agreed between Brand and Plain Tiger, only Retailers as pre-approved by the Brand.
- Acceptance: Plain Tiger will use good faith efforts to review your application to become a Brand as soon as possible. You acknowledge that Plain Tiger is only able to accept a limited number of Brands at any given time, and that Plain Tiger is not obligated to accept you as a Brand. You hereby release Plain Tiger from any liability regarding the acceptance process.
ONBOARDING AND PRODUCT LISTING
- Virtual Showroom. Plain Tiger allows the Brand to have one or multiple storefronts on the Platform where it can make Goods available for sale to Plain Tiger on the Platform, either for reselling to all users on the Platform or to a selected audience (e.g. only pre-approved Retailers). You agree that Plain Tiger may edit or remove Product Content you submit in order to comply with Plain Tiger’s internal specifications and requirements. To have Plain Tiger create your Virtual Showroom, you must provide a product listing, high resolution photography (product and lifestyle) in accordance with Plain Tiger’s photography guidelines, and your minimum order number, all described below. Plain Tiger may ask for additional information as needed. As soon as your Virtual Showroom is created, Plain Tiger will send you an activation email.
- Product Listing. Plain Tiger requires each Brand to list their entire wholesale catalogue, unless otherwise agreed in writing by Plain Tiger, and provide a description for each Good, containing the following information:
Plain Tiger reserves the right to accept or reject any Goods and has final discretion as to the content of the final Virtual Showroom. Brand's available Goods will at all times comply with Plain Tiger’s Product Guidelines.
- High-Resolution Photographs. You will provide high-resolution photographs of your Goods in accordance with our photography guidelines. Photographs that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate are prohibited. When you submit all photographs, Plain Tiger will select the best quality and most appropriate photographs for your Virtual Showroom. Plain Tiger reserves the right to reject content that violates our guidelines or these Brand Terms.
- Product and Content Compliance. The Brand is responsible for ensuring that all Goods made available comply with the requirements as set out in these terms. You agree to:
- Product Liability Insurance. All Brands are required to maintain, at their own cost and expense, general commercial liability insurance (including comprehensive product liability) with respect to its products listed on Plain Tiger in such amount as is reasonable and customary for companies of comparable size and activities. Plain Tiger reserves the right to request proof of such insurance coverage and other relevant information at any time.
CONTENT LICENSE, REPRESENTATIONS AND WARRANTIES
License on Product Content
In order for Plain Tiger to be able to show the Product Content on its Platform and allow the Retailer to re-use the Product content for its resale purposes, the Brand hereby grants to Plain Tiger a limited, worldwide, sublicensable, transferable and royalty free license to combine, translate, modify (for quality assurance and technical purposes only), distribute and/or enrich the Product Content with other data obtained by Plain Tiger, to use the Product Content internally and for marketing and promotional purposes and to allow a Retailer to use the Product Content relating to Goods that a Retailer purchased for their own business purposes.
The Brand is responsible for creating professional Product Content. All Product Content published made available for sale on the Platform by the Brand must comply with the Product Content Rules. Plain Tiger reserves the right to refuse certain Product Content or to propose amendments to Product Content if it believes that it does not comply with the Product Content Rules.
Representations and Warranties
The Brand represents and warrants in relation to the Product Content that:
3.1. The Brand has all legal and beneficial rights necessary to publish to the Product Content on the Platform.
3.2. The Brand is entitled to grant a license in relation to the Product Content to Plain Tiger and the Retailers.
3.3. The Product Content is free and clear of any third party rights.
3.4. The Product Content is not unlawful, harassing, defamatory, obscene, inappropriate in any other way or violating or infringing any applicable laws or third party rights (including intellectual property rights).
The Brand represents and warrants in relation to the Goods that:
3.5. The Brand has all legal and beneficial rights to offer the Goods for sale on the Platform and to sell the Goods to Retailers.
3.6. The Goods are free and clear of any third party rights.
3.7. The Goods are not unlawful, harassing, defamatory, obscene, inappropriate in any other way or violating or infringing any applicable laws or third party rights (including intellectual property rights).
3.8. The Brand is not aware of any defects to any Goods listed on the Platform at the time of selling.
3.9. The Goods will comply with the specifications as specified on the Platform and with the rules and guidelines that apply from time to time.
3.10. It will offer the Goods on the Platform against the lowest wholesale price possible and shall not offer or sell the same Goods against lower prices through a different channel and will take into account a reasonable margin in view of the MSRP as recommended by the Brand on the Platform.
The Brand further represents and warrants:
3.11. It is and will remain for the duration of the Term in compliance with all applicable laws and regulations and all policies and guidelines as made available by Plain Tiger with respect to its activities under and in connection with the Service Contract.
3.12. All information published by the Brand on the Platform, including delivery and shipment times, are true, accurate and not misleading.
- Pricing Consistency. You acknowledge and agree that the prices on your Virtual Showroom will not be higher than the wholesale price you offer on all other wholesale channels where your products are sold in the applicable region. You agree that Plain Tiger may perform routine price and content comparison of the Goods listed on your Virtual Showroom with your other sites, and/or review any pricing discrepancies communicated to us by Retailers. If a discrepancy is found, Plain Tiger may reach out to you and require this to be resolved. If you fail to do so, Plain Tiger reserves the right to temporarily suspend or permanently terminate your Brand Account.
ORDERS, INVENTORY, AND RECALLED PRODUCTS
- Inventory. You agree to keep sufficient inventory on hand for products advertised as being available, and to keep inventory numbers current. You agree to promptly remove any Goods that are discontinued or are out of stock through your Brand Account portal. It is your responsibility to keep your product catalogue current and up-to-date based on availability (whether items are back-ordered or discontinued). Failure to do so, may impact your visibility and search placement within the Services to Retailers.
- Order Minimums. You may set minimum order quantities/ values for your Goods. If you wish to have minimum order quantities / values, you agree to provide Plain Tiger with your first order and reorder minimums, which will be displayed on your Virtual Showroom.
- Orders Placement. Brands will be informed by Plain Tiger each time a Retailer places an Order. You will be able to review the Order details, edit inventory availability, and accept or cancel the Order.
- Accepting an Order. You should confirm an Order as soon as possible, but at least within 2 business days of receiving the Order. By accepting an Order, the Brand binds itself to, subject to completion of Successful Delivery, sell the Goods to Plain Tiger and deliver the Goods to the Retailer and agrees that Plain Tiger may enter into a binding agreement with the Retailer to sell the Goods of the Order and to deliver the Goods to the Retailer. Frequent late confirmation of orders may impact your visibility and search placement within the Services to Retailers.
- Order Cancellation. You have the right to cancel an Order by a Retailer for any reason. You will be asked to provide a reason for not being able to fulfill the Order. Plain Tiger will then notify the Retailer of the cancellation. Consistent order cancellation may however, impact your visibility and search placement within the Services to Retailers.
- Recalled Products. You agree to immediately inform Plain Tiger if any of your Goods have been recalled, giving at least the following information:
- Holiday Mode. If you are going on vacation, or are unable to fulfill new Orders for a period of time, the details of the pause must be emailed to email@example.com at least 7 days before commencement. You will still be able to access your Brand Account and you should still fulfill any Orders you have already accepted even while on “Holiday Mode”.
- Shipping. Unless otherwise agreed, shipping shall be arranged by the Retailer whereby products shall only be deemed delivered when they arrive at the Retailer location with (any export duties and) shipping fully paid. Until the moment of Successful Delivery the products are the responsibility of the Brand.
- Fulfillment by Plain Tiger: Brands can choose to have Plain Tiger coordinate shipping of products to the Retailer for convenience and/or better shipping rates, using specialized logistics providers (“Fulfillment by Plain Tiger”). If the Brand uses Fulfillment by Plain Tiger, the Additional Terms for Fulfillment shall be applicable.
- Delivery Times. The Brand must set the typical shipping lead time, which should be an accurate estimation of your actual lead times and which you should use all reasonable efforts to meet. The lead time you set will be displayed on your Virtual Showroom for the purpose of informing Retailers, who may rely on it when making a purchase. Frequent late deliveries may impact your visibility and search placement within the Services to Retailers.
- Tracking Number. You will provide Plain Tiger with tracking information for each Order, in case you choose to ship on your own account. If an order is shipped in multiple packages, you agree to provide tracking numbers for each package.
- Returns, Damaged or Missing Goods. Retailers are responsible for reaching out to you through the Platform to resolve issues relating to damaged or missing items in an Order. Plain Tiger will notify you if a Retailer reports that a Good is damaged or if an Order is missing items. You agree that you alone are responsible for resolving the issue, including making a claim with your shipping provider, and you hereby indemnify Plain Tiger from any liability with regard thereto. Plain Tiger reserves the right to deduct payouts or charge the bank account associated with your account related to items that are reported as damaged or missing.
- Shipping Insurance. Plain Tiger requires you to purchase shipping insurance in order to facilitate any shipping dispute you have with a Retailer.
- Shipping Costs. The Retailer can either ship the products on its own account or can use “Ship by Plain Tiger” where it can benefit from negotiated discounted shipping rates. In case the Brand chooses to ship products using “Ship by Plain Tiger”, then Plain Tiger will invoice all the shipping costs.
- Indemnity. The Brand hereby indemnifies and holds harmless Plain Tiger from any losses, expenses, liabilities, damages and costs resulting from
FEES, INVOICING AND PAYMENT
- Invoicing. The Brand is eligible for payment by Plain Tiger for the Order upon Successful Delivery at the Retailer. If the delivery is flagged - or marked as not a Successful Delivery then the payment is not due by Plain Tiger. A (partial) payment to a Brand shall only become due after a (partial) Successful delivery. Unless otherwise agreed, Plain Tiger will create an invoice on behalf of the Brand, which is visible to the Brand on the Plain Tiger platform.
- Commission Fee. Plain Tiger may charge a revenue-based commission Fee to the Brand for purchases made through the Platform (“Commission Fee”). The amount of the Commission Fee shall be specified in the Service Contract and shall be charged over any Order that takes place on the Platform. Any applicable Commission Fees will be specified and be listed on the Order invoice to the Brand or purchase order for which the Commission Fee was charged, or be sent on a separate Monthly invoice to the Brand.
- Payments. Following Successful Delivery to the Retailer - and a 48 working hours waiting period to allow for review of any damaged or missing goods - the Brand invoice becomes payable in accordance with its terms. Settlement of the outstanding payments to the Brand - net of any fees, or with fees invoiced separately - happens on a weekly or monthly basis, as agreed and specified in the Contract.
- Adjustments. Plain Tiger is entitled to adjust the Commission Fees on an annual basis, when the contract period with the Brand expires and renews. Plain Tiger shall notify Brands of any Commission Fee adjustment at least 60 days in advance. If a Brand does not agree with the Commission Fee adjustment, it shall be entitled to terminate the contract.