Seller Policy 

Last modified: June 17, 2022

Welcome to Kwik! Kwik is a unique marketplace where brands can harness the power of fans to reach a wider and deeper audience than ever before. We care about your experience and the experiences of your buyers. This Sellers Policy will walk you through your rights and responsibilities as a Seller (“You”, “Your”, “Brand”, “Your Brand”). By selling or attempting to sell any goods or services through Kwik (“We”, “Us”, “Our”), you confirm that you have read and understand this Seller Policy.  

Our Products and Services include 

• A marketing platform that allows you to connect to influencers 
• Place to sell your products 
• Real-time dashboards to monitor campaigns and marketing costs 
• A way to advertise 
• A way to connect 

On Kwik, you can sell goods or services.  By selling on Kwik, you agree that:  

• You recognize all makers of the product. 
• Any photo or image accurately portrays the product. 
• Product descriptions are accurate and honest. 
• Products are labeled according to labeling requirements withing the European Union, and all other labeling requirements as required by your sales locale. 

What You Cannot Sell on Kwik 

The following items cannot be sold on Kwik:  

• Alcohol, drugs, drug paraphernalia, tobacco, and medical drugs 
• Hate items (items that glorify symbols traditionally associated with hate speech) 
• Human remains 
• Dangerous items such as hazardous materials, recalled items, and weapons 
• Illegal items, highly regulated items, and/or items promoting illegal activity 
• Internationally regulated items 
• Pornography and mature content 
• Items that support, promote, or glorify violence 
• Known environmentally damaging products 

Additionally, you agree to the following standards when selling goods and services through Kwik Products: 

• Your product listing must comply to local laws including EU legislation on product requirements. 
• Any fair-trade policy etc. must be met.  
• No duplicate listings are allowed. 

We reserve the right to withdraw any goods, services, or other content that violate our policies.  We reserve the right to terminate your account without refunding fees for volition of policy.    

Setting up Your Shop 

Your Shop must be your own and is your responsibility. By selling or attempting to sell on Kwik, you confirm that you are at least 18 years of age. You also agree that the information provided on your Shop is true and accurate. 

By selling on Kwik, you agree to operate by our standards regarding products, communication, customer service, and any other activities carried out on Kwik. To maintain the integrity of Kwik and ensure that all have a quality experience, do not do anything to 

• Impede or violate intellectual property rights 
• Access, collect, utilize, sell, or transfer any data from all Kwik products that is not provided to you by Kwik

Regarding Kwik specifically, you agree not to 

• Upload or aid the introduction of any virus or malicious code to Kwik products or users 
• Disable, overburden, or impair the proper working or appearance of our products 
• Access (or attempt to access) or collect data from our products using any automated manner you do not have permission to access 
• Violate local or international laws, rights, trademarks, or intellectual property 
• Violate our policies regarding what cannot be sold on Kwik 

Any violation of these Standards may result in (but is not limited to): 

• Limiting the use of your account  
• Removing your content 
• Prohibiting and/or terminating your use of any or all Kwik Products 
• Prohibiting you from selling or promoting of goods or services by way of Kwik 

Service Standards 

By selling or attempting to sell on Kwik, you agree to meet our Service Standards. This means you work to maintain trust with customers and agree to provide quality customer services. If Services Standards are not met, Kwik will contact you. 

As the Seller, you agree to: 

• Honor shipping & processing obligations and promised times 
• Be prompt in shipping your goods, products, services 
• Honor your own campaign policies 
• Promptly respond to comments and questions  
• Resolve issues directly with your brand 
• Notify the buyer if the sale will not be completed and cancel the order 
• Have sufficient inventory levels available and to provide Kwik with an update as to such inventory levels on a daily basis 
• Provide pricing and shipping that is consistent with your own website or other online sales channels (Inflated shipping costs are not accepted.)
• Have proper insurance for your product. Kwik does not hold product liability for brands products or campaigns.
• Never knowingly mislead a customer. Kwik has zero tolerance for such activities, which could include (but are not limited to) sending empty packages, falsifying tracking information, or causing excessive shipping delays, breakages, sending the incorrect product, or sending a misrepresented product. 

Each country has standards and laws concerning refunds, shipping, processing, cancellations, and exchanges. It is your responsibility to familiarize yourself with the laws of your country and your buyer’s country. 

Seller Fees 

Kwik has no upfront fees and is risk-free. You only pay when you make a sale. Kwik charges a merchant processing fee of 3.9% and 20% of the incentive budget.   Kwik B.V. is acting only as a facilitator of your transactions.  

Kwik acts as a facilitator only. Kwik helps you sell your goods and facilitated the transaction by collecting funds from the buyers and forward the collected funds (subject to the adjustments and charges outline herein) to you. Kwik is not a party to your transactions with your buyers. You acknowledge and agree that Kwik’s facilitation does not make Kwik a party to your transaction. By using Kwik and Kwik’s Products, you expressly acknowledge and agree to indemnify and hold Kwik harmless from any liability, claim, loss, damages, etc. arising from or related to your transactions with buyers.

Note: Kwik will collect shipping charges as designated by the brand.  This portion will be passed through to you without fees or commissions.    

We may establish a reserve on your account based on our assessment of risks to Kwik or other third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.  

Taxes

As a Seller, you sell your products though Kwik, but Kwik is not a contractual party in the transaction between a Seller and its buyers. If and to the extent that Kwik should be confronted with any tax claim, a Seller agrees to indemnify and keep harmless Kwik from any such tax claims, liabilities, damages, and expenses arising therefrom. A tax claim in this respect means any assessment, demand, determination, or other similar formal notice of a liability to tax, issued by or on behalf of any competent tax authority by virtue of which Kwik is liable to make a payment of tax or to offset such a liability against available tax losses carried forward, in respect of any tax period. 

Kwik reserves the right to at any time, and without further explanation being required, request any form of financial security to cover for any possible tax claims as above-mentioned, including but not necessarily limited to a bank guarantee, a security deposit and a right of pledge or other surety. As a Seller, you agree upfront to immediately and at your own cost provide such requested financial security to Kwik.

As a Seller, you shall adhere to any and all tax laws and obligations in the country where you reside and the countries where you sell your products, which includes the obligation to pay all of your due taxes in a timely manner. Additionally, you shall provide correct and full information to the tax authorities if and when so obliged or requested. Furthermore, you shall – both pro-actively and at first request from Kwik – provide any and all information and documentation to Kwik deemed relevant by Kwik in relation to any possible tax claims, including but not necessarily limited to VAT related claims. 

You shall retain all relevant administration and documentation in relation to possible tax claims for at least the applicable statutorily prescribed period, but in any event not shorter than seven (7) years. 

Non-Employment Clause

Be aware that this Seller Policy does not create any partnership, joint venture, employment, or franchise relationship between you and Kwik. When you sell through Kwik, you understand that you are not a Kwik employee.  

Pension Plan / 401(k) Exclusion Policy  

As a Seller, you understand that Kwik does not and is not responsible for offering you a 401(k) plan or other pension plan as you are not a Kwik employee.

Marketing Affiliate 

Kwik works with New Age, an affiliate marketing platform. Affiliate marketing platforms work with companies and networks of business, selling their products and services. Your Brand’s products will be marketed through New Age, and they are paid a commission whenever they succeed in selling your Brand’s product. The details of the commission earned by New Age is known here as Point Value. The Point Value is negotiated between New Age and Your Brand. Kwik does not have any responsibility for negotiating the Point Value. You understand that Kwik does not have any liability in the relationship, communications, etc. between your Brand and New Age. 

Protecting Buyer Privacy 

You agree to abide by all relevant legal requirements regarding protecting buyers’ personal information. Relevant legal requirements include data protection and privacy laws that govern the use of user information. You may be required to post and comply with your own privacy policy, which must be accessible to Kwik users. Your privacy policy must be compatible with this policy.   

Sellers may use buyer information obtained from Kwik transactions only. Under certain laws, you may be required to comply with requests from buyers regarding data access, correction, deletion, portability, and objections to processing.  You may not contact the buyer for any reason outside of the Kwik transaction. This includes but is not limited to: 

• Promotional material in packaging 
• Emails 
• Mailings 
• Other requests 

Do not disclose personal information without the buyer’s consent. You are responsible for all disclosures, which includes unintentional data breaches. Do not use buyer information for unauthorized transactions or unsolicited commercial messages or use the buyer’s personal information for marketing purposes. Do not add the buyer’s email or contact information to your personal emailing list or contacts without the buyer’s consent.  

Understanding this standard of consent is your responsibility as a Seller. If Kwik and you are joint controllers of personal information, and if Kwik is fined, sued, or otherwise incurs expenses due to your actions as a joint data controller of buyer personal information, you agree to indemnify Kwik for the expenses it incurs.  

Seller Privacy 

Your privacy is important to us. We will not sell, distribute, or make public your personal information to any third parties, except insofar as required by law. Governmental authorities, such as (but not necessarily limited to) tax authorities may require Kwik to gather and pass on personal information. 

Personal information may include but is not necessarily limited to your full name and address, credit card information, tax identification numbers, VAT identification number, place and date of birth and – insofar as the Seller is a legal entity – the legal name, statutory seat and primary address, business registration numbers, information as to any permanent establishments through which relevant activities are carried out as well as comparable financial and personal information. Kwik may use other information without using your name. This will be kept within Kwik and not disclosed to a third party.   

Some information will be required for you to set up your campaign. If you elect to use Kwik’ payment service, you will be required to provide information including your full name, social security number, tax ID or identification ID, photograph, date of birth, bank account information, credit card information, and other proof of identification so we can verify your identity and provide this service while complying with relevant laws.  

A Seller is required and hereby agrees to provide any and all information as requested by Kwik in order for Kwik to comply with statutory requirements, such as (but not necessarily limited to) information requests by tax authorities. In case a Seller does not provide the requested information after two reminders following the initial request by Kwik, Kwik shall at its full discretion, but not prior to the expiration of 60 days following the initial request by Kwik: (i) close the account of the Seller and prevent the Seller from re-registering on any of the Kwik Products; and/or (ii) withhold payment of any outstanding amounts to the Seller as long as the Seller does not provide the requested information.

When you post content through Kwik, you grant Kwik a license to use it. We never express the content as our own. By allowing us to use content posted by Sellers, we can promote Seller products to other Sellers and Buyers based on their listings, searches, and use of Kwik Products. This permission also allows Kwik to make certain adjustments to content, such as enhancing or resizing a photo to promote it or translating content into a different language as needed. 

Reviews and Responses 

Buyers can leave reviews within 100 days of buying your product, including uploading pictures and leaving a rating. These can boost your product’s sales. However, there may be times when a buyer leaves an unfavorable review. You can communicate with the seller directly or respond to their comment. In your response, do not include any private information. Refer to Our Standards for other content that is not permittable, such as hate speech, threats, extortion, harassing language, or any comment or image that is obscene or racist in any way. Do not include any advertising or spam, shilling (falsely inflating a shop’s review score), or anything that undermines the reviews system. These same standards apply to the buyer’s reviews, which can also not include things that are outside the Seller’s control (for example, the shipping carrier).  

Case System 

Buyers should first reach out to You, the Seller, regarding concerns or in obtaining a refund for an order. Create your own policy that is visible to your buyers and be consistent with responding to messages and reviews. If the item is not delivered or is not as described on Kwik, the buyer can open a case with Kwik. We will then work with you and the buyer to resolve the issue in a timely manner. If a buyer contacts Kwik first about a case, Kwik will contact you. You agree to appropriately respond the customer within one (1) business day.   

The buyer must provide a photo for an item that is claimed to be not as described or as shown on your shop. Examples of these items might include an item(s) that is/are 

• made of a different material or pattern than described 
• a different size, color, model, or version  
• in a different condition than described (i.e., is described as new but is used) 
• the wrong quantity of items  
• damaged or missing pieces or parts, and was not communicated to the buyer beforehand 

Buyers can make cases for items that are late for delivery. This might include items that are useless or expired when the buyer receives it. If you agreed to have the item to the buyer by a specific date and the date has passed, or if you as the seller shipped the items later than your stated processing time, this can also be eligible for a case.  In the case of non-delivery, a buyer may open a case if there is no evidence that you have shipped the item or if you shipped the item to the wrong address. If you shipped the item within a reasonable timeframe to the correct address and the buyer never received it, contact the third-party shipping company to address the issue.  

When a case is open, Kwik will notify you. It is your responsibility to respond within 3 days of the notification. If the buyer claims the item is not as described, work with the buyer to show their item matches the item listed. In the event the item does not match the item listed, work to ensure the buyer receives the correct item.  

Cases will be resolved if: 

• You issue the buyer a full refund  
• The buyer closes the case 
• If the case was open due to non-delivery and you provide evidence that the item was delivered in a timely manner to the buyer’s address 
• You will be responsible for merchant fees, shipping and handling, disposal, and any claims on Kwik cash that is paid during the dispute.  

In the unlikely event the case is open longer than 45 days, the case will be automatically closed, and a full refund must be given to the buyer.  

Returns 

Return Times: Your Kwik platform must include a return policy and buyers must be able to return products as per your specified return policy and in conformity with local (consumer) laws and regulations.  In no cases can the return policy be less than 14/21 days or longer than 60 days on returnable items.   

Return Refunds: You agree to pay the buyer the full amount of the buyer’s purchase price directly to the buyer.  Shipping may not be refunded unless there is a discrepancy with the product.  

Non-returnable items: If you have non-returnable items, they must be specifically listed / stated.  These may include digital, food, personalized, or hygienic items.   

Refund of commissions paid: when you receive a returned item, please email [email protected] with the following:  

• Order Number 
• Customer Name 
• Item they returned 

Fraud will be evaluated based on both User and Brand.