Terms & Conditions
Last updated: January 3rd, 2017
Welcome to cherryum.com (the “Website").
Cherryum.com (“We/Our/Us”) is owned by Cherryum Inc. , a U.S. corporation registered in the State of Delaware and qualified in a number of other U.S. states. Cherryum.com offers online service that facilitates sales of goods to end consumers via an online marketplace. By using the Website, you/provider/customer agree to be bound by these terms and conditions (this “Agreement”). Please carefully read this Agreement and save it if necessary. If you do not agree to be bound by this Agreement or applicable laws, you shall leave the Website and cease use of the service offered by the Website immediately. This Agreement remains in full effect when you visit the Website regardless of the role you play in the transaction. You may cease or terminate your usage of the Website at any time. However, this Agreement will remain in full effect even when your usage is ceased or terminated.
- “Cherryum” refer to services or features we make available through cherryum.com or other websites owned by Cherryum Inc. This includes but not be limited to sub-domains, different language versions, versions on different platforms and versions now exist or later developed.
- “Goods/Products” refer to products listed on the Website by the Vendor/Provider.
- “Vendor” or “Provider” refer to a person or business entity responsible for listing, managing and delivering good(s) rendered through the Website.
- “Customer/You” refer to a person or business entity visiting the Website and paying for goods listed by the Vendor/Provider on the Website.
- “Information” or “Content” refer to information or fact about a provider/vendor regarding their business or products.
Scope of Services
Cherryum.com acts as an online marketplace allowing the Customers to purchase certain goods that are listed by the Providers. Cherryum.com is not directly involved in the sale, purchase, pickup or delivery of such goods. Cherryum.com does not measure, sample, or control products regarding their safety, quality, quantity, value or other attributes. Cherryum.com does not guarantee the accuracy or truth of any description, presentation or promise associated with such goods provided by the Providers. Cherryum.com does not warrant the availability of pickup or delivery of such goods provided by the Providers. Cherryum.com does not guarantee transactions of purchases facilitated by the Website would be successful. By making a purchase through the website, you are entering a contract directly with the Provider(s) and you will also be subject to the terms and conditions of the Provider(s) in addition to terms and conditions of the Website. The terms and conditions of a provider(s) can be obtained from the relevant Provider(s) upon request prior to a purchase order being confirmed. By confirming your purchase order, you are accepting the Provider(s)’ terms and conditions and our terms and conditions. From the point at which you make your purchase order, we act solely as an intermediary between you and the Provider(s), transmitting the details of your purchase to the relevant Provider(s) and sending you a confirmation email for and on behalf of the Provider(s). We take no part in the transfer of ownership of such goods provided and advertised by the Providers. We will have no liability in relation to the performance and the delivery of the contract with the Provider(s). Issues regarding the performance and the delivery of the contract should be taken up directly with the Provider(s). Cherryum.com assumes no responsibility to screen users’ identity, personal information and location. Both the Providers and the Customers agree to use their best judgement when using the Website.
Signing up and Listing
By signing up as a Provider on the Website, you agree to (i) provide accurate and truthful information on but not limited to your name, profile picture, shop name, email, country, city, phone number, shop description, shop policy and PayPal account; (ii) comply with relevant laws, regulations and license requirements on all levels including levels of Federal, State, County, City and District; (iii) comply with all terms and conditions of the Website; (iv) provide the most updated license, certificate or documentation that enable you to sell items that you wish to sell; (v) allow the Website to deny and remove your account on failure to provide necessary license, certificate or documentation upon request; (vi) list only items that are allowed under your license, certificate or documentation and not in violation of laws, regulations and license requirements on levels of Federal, State, County, City and District; (vii) be fully responsible for any violation of laws, regulations and license requirements; (viii) carry suitable insurance to cover any damage or losses that may result from sales of your items; (ix) hold Cherryum liability-free for such damages or losses; (x) outline detailed terms and conditions that may include pickup, shipping, delivery returns and selling policies for your shop/business in good faith; (xi) be fully responsible for enforcing your own terms and conditions; (xii) allow Cherryum to request a modification to your shop’s terms and conditions when necessary; (xiii) not to abuse any of Cherryum’s promotions by manipulating and falsifying account information or duplicating multiple accounts.
By listing your items on the Website, you agree that (i) each item listed on the Website must be for sale purpose and may not be for other purposes; (ii) you warrant each item listed on the Website comply with laws and regulations on levels of Federal, State, County, City and District; (iii) you warrant each item listed on the Website comply with all terms and conditions of the Website; (iv) you provide accurate, true and complete description that may only include text description and pictures about your item; (v) you list all possible ingredients and allergens that are involved in processing and handling; (vi) the item you listed is non-potentially hazardous; (vii) all items be listed in an appropriate category with proper types; (viii) quantity of all items listed must be accurately reflect their true availability; (ix) pickup/delivery methods and locations must be explicitly descripted in the item listing; (x) your payment may be delayed until a settlement is reached if a dispute is created against your item(s) of sale; (xi) your payment may be forfeited if any description relevant to the item of the sale is not accurate or true; (xii) each item that is unique must have its own listing; (xiii) you meet all labelling requirements by laws and regulations of all levels; (xiv) your listing maybe denied by the Website if it does not comply to laws and regulations of all levels or terms of the Website; (xv) the Website charges you a commission fee based on a rate listed in the Commission Fee section and deposit the remaining payment to your PayPal account within a certain time listed in the Payment Section; (xvi) PayPal charges you a transaction fee on the payment from the Website on a successful sale.
The price listed in each item must be clear and accurate without ambiguity and confusion. The Providers may charge reasonable shipping, handling and delivery fees to cover any costs associated with packaging and delivering of the item(s). The Providers may not impose excessive fees or charge additional fees after a sale in order to avoid or compensate for any type of commission and transaction fees. The Providers are responsible for properly packaging their items based on delivery method specified in the order of purchase. For local pickup orders, the Providers are obligated to ensure the items are prepared and ready for pickup at the location and time specified in the order. For local delivery orders, the Providers are obligated to ensure delivery of the items to the delivery location at the specified time window detailed by in the order.
Purchases and Sales
All prices are shown in the U.S. Dollars unless otherwise noted. All sales are legally binding.
By submitting a customer purchase order you authorize Cherryum.com to facilitate the purchase on your behalf. You agree that: (i) you will not use an unauthorized or invalid debit, credit card, or other payment methods; (ii) you are responsible for identifying and selecting the product you wish to purchase; (iii) your provided debit, credit card, or other payment methods will be charged in exchange of the ownership of the product you wish to purchase; (iv) you will pick up the item at a specific time provided in the order if you choose local pickup as the delivery method; (v) you, your agent or another party on behalf of you will receive the delivery at a specific delivery location and time provided in the order if you choose local delivery as the delivery method; (vi) your order maybe cancelled by us at any time if it is in violation of the terms and conditions of the Website; (vii) not to abuse any of Cherryum’s promotions by manipulating and falsifying account information or duplicating multiple accounts; (viii) a penalty maybe imposed by specific Providers for not picking up the product of purchase on time or refusing delivery of the product of purchase.
In cases of pricing errors, order(s) may not be honored by us and the Providers. Prices are subject to change at any time, but changes may not affect purchases already accepted by the Providers. Cherryum.com is under no obligation to provide good(s) to you at an incorrect price even after the purchase order confirmation email is delivered. In events of pricing errors, we reserve the right to correct any pricing errors on the Website and/or on pending purchase orders made under an incorrect price. In such event, you maybe offered the opportunity to keep your purchase order at the corrected price or we may cancel your purchase order without any penalty or compensation.
Fees and Payments
- Signup Fees: Cherryum does not charge the Provider or the Customer to sign up on the Website.
- Listing Fees: Cherryum does not charge the Provider to list their product(s).
- Feature Fees: Cherryum may implement certain features to enhance sales of certain providers who pay feature fees for such a service.
- Commission Fees: Cherryum charges a flat fee of 77 cents plus 9% of the total sale price as commission fee.
- Transaction Fees: PayPal also charges the Provider a fee when payment gets delivered to the Provider’s PayPal account. The percentage of such fee is based on types of the Provider’s PayPal account and amount of the transaction. Please refer to paypal.com for details on such a fee.
- Delivery Fees: The Providers assume all responsibility for pickup, shipping and delivery of the good(s) based on their specific pickup and delivery policy. The Providers are free to use any local pickup, shipping or delivery methods, but the methods and the price of the methods must be explicitly listed in your product page. The Providers are encouraged but not limited to try free shipping and delivery methods in order to increase sales.
- Payments: Cherryum pays its Providers on a biweekly basis through PayPal on the 2nd Friday and the 4th Friday of each month. A payment consists of total sale price minus a Cherryum commission fee and a PayPal transaction fee. A payment needs 14 days to be prepared and will be deposited on the next payment day post the 14 days of preparation. The Website may decline to commence any orders until our payment processor confirms your payment. You agree that we are not responsible for any failure of our payment processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with our payment processor or your payment provider before acknowledgement any payment by you.
You and the Providers agree that Cherryum.com is not obligated to determine if certain taxes apply and are not responsible to collect, report, or remit any taxes arising from any transactions. Each Provider is responsible to determine, collect, report and remit any taxes associated with any transactions.
If You Cancel or Change Your Order
All sales are legally binding. However, your order may be cancelled for a full or partial refund if you cancel the order before the cutoff deadline for a full or partial refund under the Provider’s terms and conditions. Any cancellation or order modification request must be sent to Cherryum in writing through emails, contact us forms or phone calls. You accept and agree to the relevant cancellation, no-show and order modification policy of that Provider, and to any additional (delivery) terms and conditions of the Provider that may apply to your order, including for services rendered and/or products offered by the Provider (the terms and conditions of a Provider can be obtained with the relevant Provider). You accept that certain orders are not eligible for cancellation or change. You are fully responsible for checking the Provider’s terms and conditions thoroughly prior to making your purchase. Please note that you may be charged for your cancellation in accordance with the vendor’s cancellation, no-show and order modification policy.